[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17976-17978]
[FR Doc No: 2010-7978]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29202; 812-13687]

WNC Tax Credits 38, LLC, WNC Tax Credits 39, LLC, WNC Housing Tax
Credits Manager, LLC and WNC & Associates, Inc.; Notice of Application

April 2, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under sections 6(c) and
6(e) of the Investment Company Act of 1940 (the ``Act'') granting
relief from all provisions of the Act, except sections 37 through 53 of
the Act and the rules and regulations under those sections other than
rule 38a-1 under the Act.

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    Applicants: WNC Tax Credits 38, LLC (``Fund 38'') and WNC Tax
Credits 39, LLC (``Fund 39'') (each a ``Fund,'' and collectively, the
``Funds''), WNC Housing Tax Credits Manager, LLC (the ``Manager'') and
WNC & Associates, Inc. (``WNC & Associates'').
    Summary of the Application: Applicants request an order to permit
each Fund to invest in limited liability companies that engage in the
ownership and operation of apartment complexes for low and moderate
income persons (``Apartment Complexes'').
    Filing Date: The application was filed on August 28, 2009, and
amended on January 11, 2010, March 31, 2010, and April 1, 2010.
    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 April 26, 2010, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, 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, 17782 Sky Park
Circle, Irvine, CA 92614.

FOR FURTHER INFORMATION CONTACT: Jean E. Minarick, Senior Counsel,
(202) 551-6811, or Julia Kim Gilmer, Branch Chief,<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

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
by using the Company name box, at http://www.sec.gov/search/search.htm
or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Fund 38 and Fund 39 each was formed as a California limited
company in 2008 and 2009, respectively. Each Fund will operate as a
``two-tier'' partnership, i.e., each Fund will invest as a limited
partner or member in other limited partnerships or limited liability
companies that are characterized as partnerships for Federal income tax
purposes (``Local Limited Partnerships''). The Local Limited
Partnerships in turn will engage in the ownership and operation of
Apartment Complexes expected to be qualified for the low income housing
tax credit under the Internal Revenue Code of 1986, as amended. The
Manager is a California limited liability company whose sole member and
manager is WNC & Associates, a California corporation.
    2. The objectives of each Fund are to provide current tax benefits
in the form of (a) predictable stream of low income housing credits
which investors may use to offset their Federal income tax liabilities
and (b) tax losses.
    3. Each Fund intends to conduct a private placement of its units of
limited liability company member interest (the ``Units'') on a
commencement date to be determined by the Manager. Each Fund's
placement will be conducted as described in, and by means of a private
placement memorandum, to be supplemented periodically with updated
information for each Fund's placement (the ``Memorandum''). Purchasers
of Units in a Fund will be admitted as limited liability company
members (``Members'') of the issuing Fund. The Units will be offered
pursuant to the exemption from the registration requirements of the
Securities Act of 1933 (the ``Securities Act''), provided by Rule 506
of Regulation D under the Securities Act. Each Member will be required,
as condition to acceptance of a subscription, to qualify as an
``accredited investor,'' as that term is defined in Rule 501(a) of
Regulation D (an ``Accredited Investor''). Each Fund intends to offer
its Units at a price to be determined by the Manager prior to
commencement of the Fund's placement. The minimum investment per
Accredited Investor will be determined prior to commencement of the
offerings. Each Fund will establish its minimum and maximum
capitalization, and will disclose it by supplement to its Memorandum
and deliver the supplement to all prospective Accredited Investors
prior to subscription.
    4. Each Fund will not accept any subscriptions for Units until the
requested exemptive order is granted or the Fund receives an opinion of
counsel that it is exempt from registration under the Act.
Subscriptions for Units must be approved by the Manager. The Accredited
Investor will execute representations confirming suitability and the
basis for such suitability. In addition, transfers of Units will be
permitted only if the transferee meets the same suitability standards
as had been imposed on the transferor Member.
    5. Although a Fund's direct control over the management of each
Apartment Complex will be limited, the Fund's ownership of interests in
Local Limited Partnerships will, in an economic sense, be the
substantial equivalent of direct ownership of the Apartment Complexes
themselves. A Fund normally will acquire at least a 90% interest in the
profits, losses, and tax credits of the Local Limited Partnerships.
However, in certain cases, at the discretion of the Manager, the Fund
may acquire a lesser interest in a Local Limited Partnership.
    6. Each Fund will have certain voting rights with respect to each
Local Limited Partnership. The voting rights will include the right to
dismiss and replace the local general partner on the basis of
performance, to approve or disapprove a sale or refinancing of the
Apartment Complex owned by such Local Limited Partnership, to approve
or disapprove the dissolution of the Local Limited Partnership, and to
approve or disapprove amendments to the Local Limited Partnership
agreement materially and adversely affecting the Fund's investment.
    7. Each Fund will be controlled by the Manager, pursuant to an
operating

agreement (the ``Operating Agreement''). The Members of each Fund,
consistent with their limited liability status, will not be entitled to
participate in the control of the Fund's business operations. However,
a majority-in-interest of the Members will have the right to amend the
Operating Agreement of their Fund (subject to certain limitations) with
the consent of the Manager, which shall not be unreasonably withheld,
to dissolve the Fund with the consent of the Manager, which shall not
be unreasonably withheld, and to remove any Manager and elect a
replacement. In addition, under the Operating Agreement, each Member is
entitled to review all books and records of the Member's Fund at any
and all reasonable times.
    8. Applicants state that the Operating Agreement and Memorandum of
the Funds contain provisions to ensure fair dealing by the Manager with
the Members. Applicants also state that all compensation to be paid to
the Manager and its affiliates by a Fund is specified in the Operating
Agreement and Memorandum, and no compensation will be payable to the
Manager or any of its affiliates by the Fund unless so specified.
Applicants believe that the fees and other forms of compensation that
will be paid by each Fund to the Manager and its affiliates are fair
and on terms no less favorable to the Fund than would be the case if
such arrangements had been made with independent third parties.
    9. During the offering and organizational phase, WNC Capital
Corporation, an affiliate of the Manager, will receive a dealer-manager
fee from each Fund for its services in managing a group of independent
broker-dealers who will sell the Units. The Manager or an affiliate
will also receive from each Fund a nonaccountable organizational and
offering expense allowance. In exchange for this allowance, the Manager
has agreed to pay all organizational and offering expenses of each Fund
(excluding retail selling commissions, the dealer-manager fee, and the
nonaccountable organizational and offering expense allowance). During
its acquisition phase, each Fund will pay to the Manager or its
affiliates an acquisition fee for analyzing and evaluating potential
investments in Local Limited Partnerships and for various other
services. The Manager or its affiliates will receive from each Fund a
nonaccountable acquisition expense allowance in consideration of which
the Manager or its affiliates will pay all acquisition expenses of each
Fund. All fees and expenses paid to all persons in connection with the
organization of each Fund, the offering of Units and the acquisition of
Local Limited Partnership interests will not exceed an amount equal to
22% of the Fund's gross offering proceeds.
    10. During the operating phase, the Manager will receive a yearly
asset management fee from each Fund in an amount equal to 0.75% of the
Fund's invested assets for services rendered by the Manager in
connection with the administration of the affairs of the Fund and the
management of the Fund's assets. During the liquidation phase, each
Fund will pay the Manager or its affiliates a disposition fee in an
amount of up to 3% of the gross sales price of an Apartment Complex or
a Local Limited Partnership interest.
    11. All proceeds of the private placement of a Fund's Units
initially will be placed in an escrow account with U.S. Bank, National
Association (``Escrow Agent''). Pending release of offering proceeds to
the Fund, the Escrow Agent will deposit escrowed funds in accordance
with instructions from time to time received from the Manager in short-
term United States Government securities, securities issued or
guaranteed by the United States Government, and certificates of deposit
or time or demand deposits in commercial banks. Upon receipt of a
prescribed minimum amount of gross operating proceeds for a Fund, funds
in escrow will be released to the Fund and held by it pending
investment in Local Limited Partnerships. Any of a Fund's offering
proceeds available for investment in Local Limited Partnership
interests that the Fund has not either invested or committed to invest
within 24 months following the termination of its offering of Units
will be distributed to investors pro rata as a return of capital.
    12. If more than one entity that the General Partner or its
affiliates advises or manages may invest in a particular investment
opportunity, the decision as to the entity that will be allocated the
investment will be based upon such factors as the effect of the
acquisition on diversification of each entity's portfolio, the
estimated income tax effects of the purchase on each entity, the amount
of funds of each entity available for investment, and the length of
time such funds have been available for investment.

Applicants' Legal Analysis

    1. Applicants believe that the Funds will not be ``investment
companies'' under sections 3(a)(1)(A) or 3(a)(1)(C) of the Act. If the
Funds are deemed to be investment companies, however, applicants
request an exemption under section 6(c) and 6(e) of the Act from all
provisions of the Act, except sections 37 through 53 of the Act and the
rules and regulations under those sections, except rule 38a-1
thereunder.
    2. Section 3(a)(1)(A) of the Act provides that an issuer is an
``investment company'' if it is or holds itself out as being engaged
primarily, or proposes to engage primarily, in the business of
investing, reinvesting, or trading in securities. Applicants believe
that the Funds will not be investment companies under section
3(a)(1)(A) because each Fund will be in the business of investing in
and being a beneficial owner of Apartment Complexes, not securities.
    3. Section 3(a)(1)(C) of the Act provides that an issuer is an
``investment company'' if it is engaged or proposes to engage in the
business of investing, reinvesting, owning, holding, or trading in
securities, and owns or proposes to acquire ``investment securities''
having a value exceeding 40% of the value of such issuer's total assets
(exclusive of Government securities and cash items). Applicants state
that although the Local Limited Partnership interests may be deemed
``investment securities,'' they are not readily marketable, cannot be
sold without severe adverse tax consequences, and have no value apart
from the value of the Apartment Complexes owned by the Local Limited
Partnerships.
    4. Applicants believe that the two-tier structure is consistent
with the purposes and criteria set forth in the Commission's release
concerning two-tier real estate partnerships (the ``Release'').\1\ The
Release states that investment companies that are two-tier real estate
partnerships that invest in limited partnerships engaged in the
development and operation of housing for low and moderate income
persons may qualify for an exemption from the Act pursuant to section
6(c). Section 6(c) provides that the Commission may exempt any person
from any provision of the Act and any rule thereunder, if, and to the
extent that, such exemption is necessary or appropriate in the public
interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Section 6(e) permits the Commission to require companies exempted from
the registration requirements of the Act to comply with certain
specified provisions of the Act as though the

company were a registered investment company.
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    \1\ Investment Company Act Release No. 8456 (Aug. 9, 1974).
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    5. The Release lists two conditions, designed for the protection of
investors, which must be satisfied by two-tier partnerships to qualify
for the exemption under section 6(c). First, interests in the issuer
should be sold only to persons for whom investments in limited profit,
essentially tax-shelter, investments would not be unsuitable. Second,
requirements for fair dealing by the general partner of the issuer with
the limited partners of the issuer should be included in the basic
organizational documents of the company.
    6. Applicants represent that Units will be sold only to persons for
whom investment in limited profit, essentially tax shelter, investments
would be suitable. Applicants further state that the requirements for
fair dealing by the Manager with the Members are included in the basic
organizational documents of each Fund. Applicants assert, among other
things, that the suitability standards set forth in the application,
the requirements for fair dealing provided by the Operating Agreement,
and pertinent governmental regulations imposed on each Local Limited
Partnership by various Federal, state, and local agencies provide
protection to Accredited Investors in Units. In addition, applicants
assert that the requested exemption is both necessary and appropriate
in the public interest.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7978 Filed 4-7-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Rules and Regulations]
[Pages 2744-2746]
[FR Doc No: 2018-00842]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

Hours of Service of Drivers; Electronic Logging Devices; Limited
90-Day Waiver for Old Dominion and Other Motor Carriers Experiencing
Problems Integrating PeopleNet ELD System Updates Into Their Fleet
Management Systems

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

ACTION: Grant of waiver.

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SUMMARY: FMCSA grants a limited 90-day waiver from the Federal hours-
of-service (HOS) regulations pertaining to electronic logging devices
(ELDs) for Old Dominion Freight Lines, Inc. (Old Dominion) and other
motor carriers in similar situations due to issues concerning the
integration of PeopleNet's ELD software into fleet management systems.
The Agency has initiated this action in response to a waiver request
from Old Dominion.

DATES: This waiver is effective December 18, 2017, and expires on March
18, 2018.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE, Washington, DC 20590. Email: [email protected]. Phone:
(614) 942-6477.

SUPPLEMENTARY INFORMATION: Old Dominion has asked for relief from the
grandfather provision of the ELD regulations, allowing them to add
vehicles to their fleet using software that is not fully compliant with
the ELD rule, provided the conditions specified in the waiver are met.
FMCSA has determined that granting this waiver to Old Dominion, as well
as other similarly situated carriers, is in the public interest and
will likely achieve a level of safety that is equivalent to the level
that would be achieved absent the waiver, based on the terms and
conditions imposed in this document.

Legal Basis

    The Transportation Equity Act for the 21st Century (TEA-21) (Pub.
L. 105-178, 112 Stat. 107, June 9, 1998) provides the Secretary of
Transportation (the Secretary) the authority to grant waivers from any
of the Federal Motor Carrier Safety Regulations issued under Chapter
313 of Title 49 of the United States Code or 49 U.S.C. 31136, to a
person(s) seeking regulatory relief. (49 U.S.C. 31136(e), 31315(a)).
The Secretary must make a determination that the waiver is in the
public interest and that it is likely to achieve a level of safety that
is equivalent to, or greater than, the level of safety that would be
obtained in the absence of the waiver. Individual waivers may be
granted only for a specific unique, non-emergency event, for a period
up to three months. TEA-21 authorizes the Secretary to grant waivers
without requesting public comment, and without providing public notice.
    The Administrator of FMCSA has been delegated authority under 49
CFR 1.87(e) to carry out the functions vested in the Secretary by 49
U.S.C. chapter 311, subchapter I and III, relating to commercial motor
vehicle programs and safety regulations.

Background

    Old Dominion began equipping its commercial motor vehicles with
PeopleNet AOBRDs in 2010, and by 2011 its entire fleet was equipped
with devices which meet the requirements of 49 CFR 395.15. Data from
the AOBRDs is transferred directly into the company's fleet management
and safety systems, enabling its dispatchers to know precisely where
every driver is at any given time and how many hours he/she has
available under the Federal hours-of-service rules. This functionality
is not required by the AOBRD rules under 49 CFR 395.15 or the ELD
requirements under Subpart B of 49 CFR part 395.
    Old Dominion explained that PeopleNet's AOBRD and ELD hardware
currently installed in its vehicles, and the systems that will be
installed in the near future, will satisfy the ELD mandate after the
company implements the transition to PeopleNet's December 15, 2017,
software release. However, the new PeopleNet release does not include
the necessary means to integrate into Old Dominion's fleet management
and safety software.
    Currently, the PeopleNet AOBRD software allows carriers to
configure certain sessions. If the settings were not adjustable, the
PeopleNet AOBRD would be similar to, but not identical to the FMCSA's
ELD technical specifications. Although Old Dominion has configured its
settings in the PeopleNet AOBRDs it uses, certain AOBRD software
changes must be made by PeopleNet, including:
     Eliminating the ``skip'' feature;
     Limiting the auto-duty driving status change threshold to
5 miles; and
     Limiting geo-fencing of yards to a 0.5-mile radius.
    When these changes are fully implemented, and the operational
controls are in place, the PeopleNet system used by Old Dominion will
provide an equivalent level of safety while the integration of the ELD
software is completed.

Old Dominion's Request

    Old Dominion requested a 90-day waiver to permit the company to
install and use ELD hours-of-service recording devices (i.e., hardware)
running PeopleNet's automatic on-board recording device (AOBRD)
software that meets the requirements of 49 CFR 395.15, rather than ELD
software that meets the requirements of subpart B to part 395, for any
truck added to its fleet on or after December 18, 2017, until the
company's fleet management software can be fully integrated with
PeopleNet's ELD software. The integration of the hours-of-service data
with the fleet management and safety systems will enable the company to
achieve a high level of safety oversight of its drivers.

FMCSA Determination

    Based on the information presented in Old Dominion's request, FMCSA
believes it is appropriate to grant a limited 90-day waiver from 49 CFR
395.8(a)(1)(i) and subpart B of 49 CFR part 395, Electronic Logging
Devices. The Agency has determined, as required by 49 U.S.C. 31315(a)
and the implementing regulations under 49 CFR part 381, that the waiver
is in the public interest and that the waiver is likely to achieve a
level of safety that is equivalent to, or greater than, the level of
safety that would be obtained in the absence of the waiver.

Public Interest

    FMCSA believes the granting of the waiver is in the public
interest, given the scope of Old Dominion's and other companies'
operations and their role in delivering cargo that ultimately benefit
consumers. In the case of Old Dominion, the company has 228 service
centers located throughout the Nation and operates a fleet of more than
8,500 power units. The company employs more than 10,000 company
drivers. It is in the public interest to avoid disruptions to Old
Dominion and other carriers' operations and, subsequently, a disruption
to the movement of a significant amount of freight.

Safety Equivalency

    FMCSA has determined that the electronic system that Old Dominion
will use to monitor its drivers' hours of service during the period of
the waiver will achieve a level of safety that is equivalent to, or
greater than, the level of safety that would be obtained in the absence
of the waiver. The company will not only electronically capture the
duty status information for all its drivers, it will also monitor the
real-time status of its drivers' compliance with the hours-of-service
regulations so that supervisors and dispatchers may intervene
immediately if a driver is about to run out of driving or on-duty time.
    Also, with the AOBRD settings outlined in the waiver request, which
exceed the minimum required by 49 CFR 395.15, and the commitment by
PeopleNet to make associated software

changes in its ELD software to disable the ``skip feature,'' limit the
auto-duty driving status change threshold to 5 miles or less, limit the
geofencing of yard moves to a 0.5-mile radius or less, and maintaining
the Auto-Duty Status Change functions outlined in its petition, we
believe the requisite level of safety will be provided during the
waiver period. In addition, Old Dominion will continue to compel its
short haul drivers that are not required to maintain records of duty
status to use the existing AOBRD platform.

Unique Circumstances

    Consistent with the statutory requirements for waivers, this relief
is for a period not in excess of 3 months and is limited in scope and
circumstances. FMCSA finds that the challenges Old Dominion described
in achieving compliance with the ELD requirements while integrating the
PeopleNet ELD software into existing fleet management systems is a
unique situation for Old Dominion and other carriers facing similar
challenges integrating PeopleNet software into their fleet management
systems.
    For the reasons cited above, FMCSA grants Old Dominion, and other
motor carriers facing similar challenges integrating PeopleNet ELD
software into fleet management systems, a limited three-month waiver
from the ELD requirements, subject to the terms and conditions provided
below.

Terms and Conditions of the Waiver

    This waiver covers Old Dominion Inc. and other motor carriers
experiencing similar challenges resulting from PeopleNet's software for
the period beginning at 12:01 a.m. (ET) on December 18, 2017,
continuing through 11:59 p.m. on March 18, 2018.

Regulatory Provisions Waived

    This waiver is limited strictly to 49 CFR 395.8(a)(1)(i) and
subpart B of 49 CFR part 395, Electronic Logging Devices. Old Dominion
and other motor carriers with similar situations related to PeopleNet's
recent software release, must comply with all other applicable
provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49
CFR 350-399).

Restrictions

    Each motor carrier operating under this waiver must ensure that
drivers required to maintain a record of duty status (ROD) must do so
with a device that meets the requirements of 49 CFR 395.15 concerning
automatic on-board recording devices (AOBRDs):
    1. During the waiver period, vehicles may be added to the fleet
only if the vehicle is equipped with ELD hardware, capable of running
the PeopleNet ELD Software.
    2. The AOBRD must transfer data directly into the motor carrier's
fleet management and safety systems, allowing its dispatchers to know
precisely where the drivers are at any given time and how many hours
he/she has available under the Federal hours-of-service rules.
    3. The motor carrier will use the AOBRD settings similar to those
outlined in Old Dominion's waiver request.
    4. PeopleNet system must be modified to disable or adjust the
settings as outlined below.
    a. Eliminate the ``skip feature'';
    b. Limit the auto-duty driving status change threshold to 5 miles
or less; and
    c. Limit the geo-fencing yard time limit to a 0.5-mile radius or
less.
    If it is determined that this software has not been changed, this
waiver does not apply.

Notification to FMCSA of Accidents

    Each motor carrier must notify FMCSA within 5 business days of an
accident (as defined in 49 CFR 390.5), involving any commercial motor
vehicles operating under the terms of this waiver. The notification
must include the following information:
     Date of the accident,
     City or town, and State, in which the accident occurred,
or closest to the accident scene,
     Driver's name and license number,
     Vehicle number and State license number,
     Number of individuals suffering physical injury,
     Number of fatalities,
     The police-reported cause of the accident, and
     Whether the driver was cited for violation of any traffic
laws, or motor carrier safety regulations.
    Notification shall be by email to [email protected]

Preemption of State Requirements

    Consistent with 49 U.S.C. 31315(d), this waiver preempts
inconsistent State or local requirements applicable to interstate
commerce.

    Issued on: January 11, 2018.
 Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-00842 Filed 1-18-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Pages 358-361]
[FR Doc No: 2010-33151]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

December 22, 2010.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER05-717-017.
    Applicants: Spring Canyon Energy LLC.
    Description: Triennial Report of Spring Canyon Energy LLC.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5238.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER10-3234-002.
    Applicants: Eagle Power Authority, Inc.
    Description: Eagle Power Authority, Inc. submits tariff filing per
35: Energy Cooperative Association of Pennsylvania Baseline Filing to
be effective 12/22/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5226.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2087-002.
    Applicants: FC Landfill Energy, LLC.
    Description: FC Landfill Energy, LLC submits tariff filing per 35:
Baseline Amendment to be effective 11/12/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5208.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2154-001.
    Applicants: Twin Eagle Resource Management, LLC.
    Description: Twin Eagle Resource Management, LLC submits tariff
filing per 35.17(b): Amendment to MBR Application to be effective 1/1/
2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5185.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER01-2217-010.
    Applicants: Sunrise Power Company, LLC.
    Description: Supplemental Information to Updated Market Power
Analysis of Sunrise Power Company, LLC.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5073.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 11, 2011.

    Docket Numbers: ER11-2309-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.17(b): Amendment to Formula Update--Midwest to be effective 9/1/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5155.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2317-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.17(b): Amendment to Formula Update--OG&E, NPPD, ITC, SPS, Westar to
be effective 1/1/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5175.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2433-000.
    Applicants: WM Renewable Energy, L.L.C.
    Description: Requests for Limited Waiver of ISO New England Inc.
Forward Capacity Market Auction Qualification Rules, Shortened Notice
Period, and Expedited Decision of WM Renewable Energy, L.L.C.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5069.
    Comment Date: 5 p.m. Eastern Time on Monday, January 3, 2011.

    Docket Numbers: ER11-2455-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii): LGIA Palen Solar Power Project SA No. 98
to be effective 12/22/2010.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5179.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 11, 2011.

    Docket Numbers: ER11-2456-000.
    Applicants: University of Pennsylvania.
    Description: University of Pennsylvania submits tariff filing per
35.1: Baseline Tariff Filing to be effective 12/22/2010.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5180.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 11, 2011.

    Docket Numbers: ER11-2457-000.
    Applicants: ESPI New England, Inc.
    Description: ESPI New England, Inc. submits tariff filing per
35.13(a)(2)(iii): Massachusetts Gas & Electric, Inc. Market Based Rate
Tariff to be effective 11/23/2010.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5181.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 11, 2011.

    Docket Numbers: ER11-2458-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii): Settlement LGIA Brea Power II Project SA
No. 235 to be effective 5/29/2010.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5182.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 11, 2011.

    Docket Numbers: ER11-2459-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii): Bidding and Scheduling of Energy,
Ancillary Svcs and Transmission Svc in NYCA to be effective 3/12/2011.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5183.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 11, 2011.

    Docket Numbers: ER11-2460-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35: Revisions to Tariff Sec 4 and

Attachment C Implementing NAESB/NERC Standards to be effective 4/1/
2011.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5185.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 11, 2011.

    Docket Numbers: ER11-2461-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii): Settlement Generation Tie-Line Agreement
Brea Power II RS 481 to be effective 6/3/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5000.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2462-000.
    Applicants: Big Horn Wind Project LLC.
    Description: Big Horn Wind Project LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5011.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2463-000.
    Applicants: Big Horn II Wind Project LLC.
    Description: Big Horn II Wind Project LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5012.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2464-000.
    Applicants: Colorado Green Holdings LLC.
    Description: Colorado Green Holdings LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5013.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2465-000.
    Applicants: Hay Canyon Wind LLC.
    Description: Hay Canyon Wind LLC submits tariff filing per 35.37:
Revisions to Market-Based Rate Tariff to be effective 12/23/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5014.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2466-000.
    Applicants: Juniper Canyon Wind Power LLC.
    Description: Juniper Canyon Wind Power LLC submits tariff filing
per 35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5015.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2467-000.
    Applicants: Klamath Energy LLC.
    Description: Klamath Energy LLC submits tariff filing per 35.37:
Revisions to Market-Based Rate Tariff to be effective 12/23/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5016.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2468-000.
    Applicants: Klamath Generation LLC.
    Description: Klamath Generation LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5017.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2469-000.
    Applicants: Klondike Wind Power LLC.
    Description: Klondike Wind Power LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5018.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2470-000.
    Applicants: Klondike Wind Power II LLC.
    Description: Klondike Wind Power II LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5019.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2471-000.
    Applicants: Klondike Wind Power III LLC.
    Description: Klondike Wind Power III LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5020.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2472-000.
    Applicants: Leaning Juniper Wind Power II LLC.
    Description: Leaning Juniper Wind Power II LLC submits tariff
filing per 35.37: Revisions to Market-Based Rate Tariff to be effective
12/23/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5021.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2473-000.
    Applicants: Pebble Springs Wind LLC.
    Description: Pebble Springs Wind LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5022.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2474-000.
    Applicants: Star Point Wind Project LLC.
    Description: Star Point Wind Project LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5024.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2475-000.
    Applicants: Twin Buttes Wind LLC.
    Description: Twin Buttes Wind LLC submits tariff filing per 35.37:
Revisions to Market-Based Rate Tariff to be effective 12/23/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5028.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2476-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 2513 submitted on behalf of PJM Interconnection, L.L.C.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5223.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 11, 2011.

    Docket Numbers: ER11-2477-000.
    Applicants: Southern Company Services, Inc., Gulf Power Company.
    Description: Filing of Updated Depreciation Rates by Southern
Company Services, Inc., on behalf of Gulf Power Company.
    Filed Date: 12/21/2010.
    Accession Number: 20101221-5225.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 11, 2011.

    Docket Numbers: ER11-2478-000.
    Applicants: Buchanan Generation, LLC.
    Description: Buchanan Generation, LLC submits tariff filing per 35:
Order No. 697 Compliance to be effective 2/22/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5055.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2479-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Allegheny Energy Supply Company, LLC submits tariff
filing per 35: Order No. 697 Compliance Filing to be effective 2/22/
2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5070.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2480-000.
    Applicants: Green Valley Hydro, LLC.
    Description: Green Valley Hydro, LLC submits tariff filing per 35:
Order No. 697 Compliance Filing to be effective 2/22/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5079.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2481-000.
    Applicants: Monongahela Power Company.
    Description: Monongahela Power Company submits tariff filing per
35: Order No. 697 Compliance Filing to be effective 2/22/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5090.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2482-000.
    Applicants: Casselman Windpower LLC.
    Description: Casselman Windpower LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5091.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2483-000.
    Applicants: Hardscrabble Wind Power LLC.
    Description: Hardscrabble Wind Power LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5092.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2484-000.
    Applicants: Lempster Wind, LLC.
    Description: Lempster Wind, LLC submits tariff filing per 35.37:
Revisions to Market-Based Rate Tariff to be effective 12/23/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5093.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2485-000.
    Applicants: Locust Ridge Wind Farm, LLC.
    Description: Locust Ridge Wind Farm, LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5094.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2486-000.
    Applicants: Locust Ridge Wind Farm II, LLC.
    Description: Locust Ridge Wind Farm II, LLC submits tariff filing
per 35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5095.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2487-000.
    Applicants: Providence Heights Wind, LLC.
    Description: Providence Heights Wind, LLC submits tariff filing per
35.37: Revisions to Market-Based Rate Tariff to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5096.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2488-000.
    Applicants: Streator-Cayuga Ridge Wind Power LLC.
    Description: Streator-Cayuga Ridge Wind Power LLC submits tariff
filing per 35.37: Revisions to Market-Based Rate Tariff to be effective
12/23/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5098.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2489-000.
    Applicants: Hatchet Ridge Wind, LLC.
    Description: Hatchet Ridge Wind, LLC submits tariff filing per
35.1: Hatchet Ridge Wind, LLC Rate Schedule FERC No. 1 to be effective
2/22/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5107.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2490-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits tariff filing per
35.13(a)(2)(iii): Rate Schedule No. 93 with Progress Energy Florida to
be effective 1/1/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5108.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2491-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): Revisions to the PJM Tariff Attachment Q regarding
Peak Market Activity to be effective 3/1/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5126.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2492-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): Revisions to PJM Tariff Attach Q FTR Undiversified
Credit Proposal to be effective 3/1/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5188.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2493-000.
    Applicants: Mountain Wind Power, LLC.
    Description: Mountain Wind Power, LLC submits tariff filing per 35:
Mountain Wind Power, LLC Category Seller Request to be effective 12/23/
2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5199.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2494-000.
    Applicants: Mountain Wind Power II LLC.
    Description: Mountain Wind Power II LLC submits tariff filing per
35: Mountain Wind Power II LLC Category Seller Request to be effective
12/23/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5205.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2495-000.
    Applicants: PPL Renewable Energy, LLC.
    Description: PPL Renewable Energy, LLC submits tariff filing per
35: PPL Renewable Energy, LLC Northeast Triennial Market Power Update
to be effective 12/23/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5211.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2496-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii): Midwest ISO-PJM JOA to be
effective 9/17/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5222.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2497-000.

    Applicants: Great American Power, LLC.
    Description: Great American Power, LLC submits tariff filing per
35.12: Petition for Approval of Initial Market-Based Rate Tariff to be
effective 1/1/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5231.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2498-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35: OATT Revised
Attachments C and Q to be effective 4/1/2011.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5235.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Docket Numbers: ER11-2499-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii): LGIA Among NYISO, National Grid and
Atlantic Wind to be effective 12/13/2010.
    Filed Date: 12/22/2010.
    Accession Number: 20101222-5262.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 12, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-33151 Filed 1-3-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Rules and Regulations]
[Pages 19179-19181]
[FR Doc No: 2017-08184]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0252; Directorate Identifier 2016-NM-187-AD;
Amendment 39-18863; AD 2017-09-01]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc., Model CL-600-2E25 (Regional Jet Series 1000)
airplanes. This AD requires a detailed inspection of the circuit
breakers, replacement of damaged circuit breakers, and installation of
a circuit breaker bushing assembly. This AD was prompted by a report of
cracks found in the plastic casing of cockpit circuit breaker panels.
We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD becomes effective May 11, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 11,
2017.
    We must receive comments on this AD by June 12, 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0252.

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-
0252; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer,
Avionics and Services Branch, ANE-172, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-30, dated September 21, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc., Model CL-600-
2E25 (Regional Jet Series 1000) airplanes. The MCAI states:

    It was discovered during an inspection that circuit breakers
installed on the cockpit circuit breaker panels may have cracks in
the plastic casing. The damage was found on a Bombardier CL-600-2E25
production aeroplane following a routine functional test procedure.
A fleet inspection also found similar damage on the in-service
aeroplanes.
    Cracked circuit breakers can allow moisture ingress and damage
the interior of the circuit breaker and circuit breaker panels
resulting in a malfunction of the affected circuit breaker and the
potential loss of power to multiple airplane systems.

    Corrective actions include inspecting the circuit breakers for any
cracks or signs of damage (including small white lines on the casing),
replacing any cracked or damaged circuit breakers, and installing a
circuit breaker bushing assembly. You may examine the MCAI on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2017-0252.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Service Bulletin 670BA-24-037,
Revision A, dated July 11, 2016. The service information describes a
detailed visual inspection of each circuit breaker for any cracks or
signs of damage, replacement of damaged circuit breakers, and
installation of a circuit breaker bushing assembly. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2017-0252; Directorate
Identifier 2016-NM-187-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, we provide the following cost estimates to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Inspection....................................  3 work-hours x $85 per hour =                 $0            $255
                                                 $255.
Installation of bushing assembly..............  43 work-hours x $85 per hour =                 0           3,655
                                                 $3,655.
----------------------------------------------------------------------------------------------------------------

    In addition, we estimate that it will take about 1 work-hour for
each circuit breaker requiring replacement and will require parts
costing $0, for a cost of $85 per circuit breaker. We have no way of
determining the number of aircraft that might need this action.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-09-01 Bombardier, Inc.: Amendment 39-18863; Docket No. FAA-
2017-0252; Directorate Identifier 2016-NM-187-AD.

(a) Effective Date

    This AD becomes effective May 11, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2E25 (Regional
Jet Series 1000) airplanes, certificated in any category, as
identified in Bombardier Service Bulletin 670BA-24-037, Revision A,
dated July 11, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
power.

(e) Reason

    This AD was prompted by a report of cracks found in the plastic
casing of cockpit circuit breaker panels. We are issuing this AD to
detect and correct cracked circuit breaker casings, which could
allow moisture ingress that could result in the malfunction of
affected circuit breakers, and the potential loss of power to
multiple airplane systems.

(f) Compliance

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

(g) Inspection and Replacement of Damaged Cockpit Panel Circuit
Breakers

    At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD: Do a detailed visual inspection for any cracks or signs
of damage on each circuit breaker in the cockpit circuit breaker
panels, and replace any cracked or damaged circuit breakers, in
accordance with ``Part A--Inspection and Replacement of the Damaged
Cockpit Panel Circuit Breakers,'' of the Accomplishment Instructions
of Bombardier Service Bulletin 670BA-24-037, Revision A, dated July
11, 2016. Replace any cracked or damaged circuit breakers before
further flight.
    (1) For airplanes that have accumulated less than 10,000 total
flight hours as of the effective date of this AD: Before the
accumulation of 12,600 total flight hours.
    (2) For airplanes that have accumulated 10,000 or more total
flight hours as of the effective date of this AD: Within 2,000
flight hours after the effective date of this AD.

(h) Installation and Inspection of the Cockpit Panel Circuit Breaker
Bushing Assembly

    At the applicable time specified in paragraph (h)(1) or (h)(2)
of this AD: Install a cockpit breaker bushing assembly, and do a
detailed visual inspection of each circuit breaker for cracks or
damage, in accordance with ``Part B--Installation of the Cockpit
Panel Circuit Breakers Bushings assembly,'' of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-24-037, Revision
A, dated July 11, 2016. Replace any cracked or damaged circuit
breakers before further flight, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-24-
037, Revision A, dated July 11, 2016. Installing the cockpit panel
circuit breaker bushing assembly is acceptable for compliance with
the requirements of paragraph (g) of this AD.
    (1) For airplanes that have accumulated less than 10,000 total
flight hours as of the effective date of this AD: Before the
accumulation of 12,600 total flight hours.
    (2) For airplanes that have accumulated 10,000 or more total
flight hours as of the effective date of this AD: Within 2,000
flight hours after the effective date of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
Canadian Airworthiness Directive CF-2016-30, dated September 21,
2016, for related information. You may examine the MCAI on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2017-0252.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 670BA-24-037, Revision A, dated
July 11, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 14, 2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-08184 Filed 4-25-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6757-6759]
[FR Doc No: 2020-02198]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0721; Product Identifier 2019-NM-150-AD; Amendment
39-19828; AD 2020-02-14]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by a report indicating that during inspection of the
installation of oxygen containers, certain fasteners of the oxygen
containers and adjacent panels in the passenger supply channels (PSCs)
were found damaged or unlocked, which could result in insufficient
clearance between the oxygen container and adjacent panels. This AD
requires a one-time inspection of the oxygen containers and adjacent
panels and applicable corrective actions, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective March 12, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 12,
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0721.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0721; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0210, dated August 26, 2019
(``EASA AD 2019-0210'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 and -1041 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on October 30, 2019 (84 FR 58060). The NPRM was prompted by a
report indicating that during inspection of the installation of oxygen
containers on the production line, certain fasteners of oxygen
containers and adjacent panels in the PSCs were found damaged or
unlocked; unlocked fasteners could

move on the rails, which could result in insufficient clearance between
the oxygen container and adjacent panels. The NPRM proposed to require
a one-time inspection of the oxygen containers and adjacent panels and
applicable corrective actions. The FAA is issuing this AD to address
this condition, which could prevent the opening of the oxygen
containers and result in failure of the oxygen masks to deploy and
provide supplemental oxygen in case of an in-flight decompression,
possibly resulting in injury to cabin occupants. See the MCAI for
additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to that comment.

Request To Extend Compliance Time

    Delta Air Lines, Inc., (Delta) asked that the compliance time for
the inspection specified in the proposed AD be extended to 5, 6, or 7
months, in lieu of 4 months, in order to align with the 5-month
compliance time specified in Airbus Alert Operators Transmission (AOT)
A35P015-19, Revision 01, dated June 19, 2019. Delta stated that this
would allow extra planning time to properly schedule the inspection for
the affected fleet at suitable maintenance stations, and to obtain the
correct amount of contingency parts (locking fasteners) to correct any
discrepancies found. Delta also stated that Airbus or its supplier may
be unable to provide all the required parts in such a short compliance
time; but the actual fallout rate remains unknown. Delta added that the
quantity of parts required is critical for accomplishing any necessary
corrective action. Delta noted that if the corrective action cannot be
accomplished before further flight, as required by EASA AD 2019-0210,
operators could be forced to ground airplanes until the parts are
available, causing an undue burden on customers.
    The FAA does not agree with the commenter's request to extend the
compliance time. The FAA has determined that the 4-month compliance
time identified in EASA AD 2019-0210 addresses the identified unsafe
condition in a timely manner. In developing an appropriate compliance
time for this AD, the FAA considered the degree of urgency associated
with addressing the subject unsafe condition, the average utilization
of the affected fleet, and the time necessary to perform the
inspection. In light of all of these factors, the FAA finds the
compliance times specified in EASA AD 2019-0210, represents an
appropriate interval of time for affected airplanes to continue to
operate without compromising safety. However, under the provisions of
paragraph (j) of this AD, the FAA will consider requests for approval
of an extension of the compliance time if sufficient data are submitted
to substantiate that the new compliance time would provide an
acceptable level of safety. The AD has not been changed in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0210 describes procedures for inspecting the oxygen
containers and the installation of adjacent panels located in all PSCs,
to check that each fastener of each panel/component is locked and to
measure the clearance between the oxygen container door lid and the
adjacent panel/component. EASA AD 2019-0210 also describes procedures
for applicable corrective actions, including attaining minimum
clearance, locking any unlocked fasteners, and replacing damaged parts.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 11 airplanes of U.S.
registry. The agency estimates the following costs to comply with this
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................              $0             $340           $3,740
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
corrective action that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need this corrective action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......              $0              $85
------------------------------------------------------------------------

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-02-14 Airbus SAS: Amendment 39-19828; Docket No. FAA-2019-0721;
Product Identifier 2019-NM-150-AD.

(a) Effective Date

    This AD is effective March 12, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2019-0210, dated August 26,
2019 (``EASA AD 2019-0210'').

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by a report that during inspection of the
installation of oxygen containers, certain fasteners of the oxygen
containers and adjacent panels in the passenger supply channels
(PSCs) were found damaged or unlocked; which could result in
insufficient clearance between the oxygen container and adjacent
panels. The FAA is issuing this AD to address this condition, which
could prevent the opening of the oxygen containers and result in
failure of the oxygen masks to deploy and provide supplemental
oxygen in case of an in-flight decompression, possibly resulting in
injury to cabin occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0210.

(h) Exceptions to EASA AD 2019-0210

    (1) Where EASA AD 2019-0210 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0210 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0210
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, 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 Section, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0210 that contains RC procedures and
tests: RC procedures and tests must be done to comply with this AD;
any procedures or tests that are not identified as RC are
recommended. Those procedures and tests that are not identified as
RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Kathleen Arrigotti,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0210,
dated August 26, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0210, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0721.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 23, 2020.
Gaetano A. Sciortino,
 Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-02198 Filed 2-5-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Notices]
[Page 58438]
[FR Doc No: 2012-23275]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Request To Release Airport Property

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Intent to Rule on Request to Release Airport Property
at the Meade Municipal Airport (MEJ), Meade, KS.

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

SUMMARY: The FAA proposes to rule and invites public comment on the
release of land at the Meade Municipal Airport (MEJ), Meade, Kansas,
under the provisions of 49 U.S.C. 47107(h)(2).

DATES: Comments must be received on or before October 22, 2012.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Lynn D. Martin, Airports Compliance
Specialist, Federal Aviation Administration, Airports Division, ACE-
610C, 901 Locust Room 364, Kansas City, MO 64106.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to: Dean Cordes, City Administrator, Meade
Municipal Airport, City of Meade P.O. Box 338, 132 S. Fowler, Meade, KS
67864,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lynn D. Martin, Airports Compliance
Specialist, Federal Aviation Administration, Airports Division, ACE-
610C, 901 Locust Room 364, Kansas City, MO 64106,<PHONE_NUMBER>,
<EMAIL_ADDRESS>The request to release property may be reviewed,
by appointment, in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release approximately 2.75 acres of airport property at the
Meade Municipal Airport (MEJ) under the provisions of 49 U.S.C.
47107(h)(2). On February 1, 2012, the City of Meade's City
Administrator requested from the FAA that approximately 2.75 acres of
property be released for sale to Max Papay's Water Hauling Services. On
August 16, 2012, the FAA determined that the request to release
property at Meade Municipal Airport (MEJ) submitted by the Sponsor
meets the procedural requirements of the Federal Aviation
Administration and the release of the property does not and will not
impact future aviation needs at the airport. The FAA may approve the
request, in whole or in part, no sooner than thirty days after the
publication of this Notice.
    The following is a brief overview of the request:
    Meade Municipal Airport (MEJ) is proposing the release of a parcel,
totaling 2.75 acres. The release of land is necessary to comply with
Federal Aviation Administration Grant Assurances that do not allow
federally acquired airport property to be used for non-aviation
purposes. The sale of the subject property will result in the land at
the Meade Municipal Airport (MEJ) being changed from aeronautical to
nonaeronautical use and release the lands from the conditions of the
AIP Grant Agreement Grant Assurances. In accordance with 49 U.S.C.
47107(c)(2)(B)(i) and (iii), the airport will receive fair market value
for the property, which will be subsequently reinvested in another
eligible airport improvement project for general aviation facilities at
the Meade Municipal Airport.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In
addition, any person may, upon appointment and request, inspect the
application, notice and other documents determined by the FAA to be
related to the application in person at the Meade Municipal Airport.

    Issued in Kansas City, MO on September 12, 2012.
Jim A. Johnson,
Manager, Airports Division.
[FR Doc. 2012-23275 Filed 9-19-12; 8:45 am]
BILLING CODE 4910-13-P