[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49091-49094]
[FR Doc No: 2017-22949]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6429; Product Identifier 2015-NM-117-AD; Amendment
39-19083; AD 2017-22-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2015-05-02,
which applied to all Airbus Model

A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes. AD 2015-05-02 required revising the
maintenance or inspection program to incorporate new, more restrictive
airworthiness limitations. This new AD requires revising the
maintenance or inspection program to incorporate new or revised
structural inspection requirements and adds airplanes to the
applicability. This AD was prompted by an evaluation by the design
approval holder (DAH), which indicates that principal structural
elements and certain life-limited parts are subject to widespread
fatigue damage (WFD). We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective November 28, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 28,
2017.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of March
2, 2015 (80 FR 3871, January 26, 2015).

ADDRESSES: For service information identified in this final rule,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email [email protected]; Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6429.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6429; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede AD 2015-05-02, Amendment 39-18112 (80
FR 15152, March 23, 2015) (``AD 2015-05-02''). AD 2015-05-02 applied to
all Airbus Model A318 and A319 series airplanes; Model A320-211, -212,
-214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. The SNPRM published in the
Federal Register on May 19, 2017 (82 FR 22910) (``the SNPRM''). We
preceded the SNPRM with a notice of proposed rulemaking (NPRM) that
published in the Federal Register on May 11, 2016 (81 FR 29198) (``the
NPRM''). The NPRM was prompted by an evaluation by the DAH, which
indicates that principal structural elements and certain life limited
parts are subject to WFD. The NPRM proposed to require revising the
maintenance or inspection program, as applicable, to incorporate new or
revised structural inspection requirements. The SNPRM proposed to
require more restrictive airworthiness limitations and add Model A320-
251N and -271N airplanes to the applicability. We are issuing this AD
to prevent fatigue cracking, accidental damage, or corrosion in
principal structural elements, and WFD, which could result in reduced
structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2016-0239, dated December 2, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition. The MCAI states:

    The airworthiness limitations for Airbus A320 family aeroplanes
are currently included in Airbus A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) documents. The Damage Tolerant
Airworthiness Limitation Items are published in ALS Part 2, approved
by EASA.
    The instructions contained in the ALS Part 2 have been
identified as mandatory actions for continued airworthiness. Failure
to comply with these instructions could result in an unsafe
condition.
    Previously, EASA issued AD 2015-0083 to require accomplishment
of all maintenance tasks as described in ALS Part 2 at Revision 03.
Since that [EASA] AD was issued, Airbus issued Revision 04, and
later on Revision 05 of the ALS Part 2, including new and/or more
restrictive items, and new A320 models were certified.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2015-0083, which is superseded, expands the
Applicability by adding the models A320-251N and A320-271N, requires
accomplishment of all maintenance tasks as described in the ALS Part
2, Revision 05 (hereafter referred to as `the ALS' in this [EASA]
AD), and provides specific compliance times for ALS task 572021-01-1
(Wide Spread Fatigue Damage related).

    The required action is revising the maintenance or inspection
program to incorporate new or revised structural inspection
requirements. The unsafe condition is fatigue cracking, accidental
damage, or corrosion in principal structural elements, and WFD, which
could result in reduced structural integrity of the airplane. You may
examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6429.

Comments

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

Request To Reference Revised Service Information

    American Airlines (AAL) requested that we revise the SNPRM to
incorporate Airbus A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation Items (SL--ALI), Revision 05, dated April 6,
2017, including Variations 5.1 and 5.2; and Airbus A318/A319/A320/A321
ALS Part 2--Damage Tolerant Airworthiness Limitation Items (DT--ALI),
Revision 06, dated April 10, 2017.
    We partially agree with AAL's request. We agree that operators
should use the latest service information, and we agree to account for
AAL's request in this AD. However, we do not agree to require the
revised service information in this final rule since it would expand
the scope, requiring additional notice and comment. We find that
delaying this action would be inappropriate in light of the identified
unsafe condition. We are considering further rulemaking to supersede
this final rule to require incorporating the revised service
information.
    We have added paragraph (l)(1)(iii) to this AD to specify that the
previous

alternative methods of compliance (AMOCs) that are approved for AD
2015-05-02 are approved as AMOCs for the corresponding provisions of
paragraphs (i) and (j) of this AD. The previous AMOCs include Airbus
A318/A319/A320/A321 ALS Part 1--Safe Life Airworthiness Limitation
Items (SL--ALI), Revision 05, dated April 6, 2017, including Variations
5.1 and 5.2; and Airbus A318/A319/A320/A321 ALS Part 2--Damage Tolerant
Airworthiness Limitation Items (DT--ALI), Revision 06, dated April 10,
2017.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
     A318/A319/A320/A321 ALS Part 1--Safe Life Airworthiness
Limitation Items (SL--ALI), Revision 04, dated June 20, 2016. This
service information describes mandatory instructions and airworthiness
limitations for the ``safe-life'' structure.
     A318/A319/A320/A321 ALS Part 2--Damage Tolerant
Airworthiness Limitation Items (DT--ALI), Revision 05, dated July 8,
2016. This service information describes mandatory instructions and
airworthiness limitations arising from fatigue and damage tolerance
evaluation of damage tolerant structural elements.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 1,182 airplanes of U.S. registry.
    The actions required by AD 2015-05-02, and retained in this AD,
take about 2 work-hours per product, at an average labor rate of $85
per work-hour. Based on these figures, the estimated cost of the
actions that are required by AD 2015-05-02 is $170 per product.
    We also estimate that it will take about 2 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $200,940, or $170 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

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 removing Airworthiness Directive (AD)
2015-05-02, Amendment 39-18112 (80 FR 15152, March 23, 2015), and
adding the following new AD:

2017-22-03 Airbus Amendment 39-19083; Docket No. FAA-2016-6429;
Product Identifier 2015-NM-117-AD.

(a) Effective Date

    This AD is effective November 28, 2017.

(b) Affected ADs

    This AD replaces AD 2015-05-02, Amendment 39-18112 (80 FR 15152,
March 23, 2015) (``AD 2015-05-02'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, with
an original certificate of airworthiness or original export
certificate of airworthiness issued on or before July 8, 2016.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N,
and -271N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic
Inspections.

(e) Reason

    This AD was prompted by an evaluation by the design approval
holder which indicates that principal structural elements and
certain life-limited parts are subject to widespread fatigue damage
(WFD). We are issuing this AD to prevent fatigue cracking,
accidental damage, or corrosion in principal structural elements,
and WFD, which could result in reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With No
Changes

    This paragraph restates the requirements of paragraph (n) of AD
2015-05-02, with no changes. Within 30 days after March 2, 2015 (the
effective date of AD 2014-23-15, Amendment 39-18031 (80 FR 3871,
January 26, 2015) (``AD 2014-23-15'')), revise the maintenance or
inspection program, as applicable, to incorporate the Airworthiness
Limitation Items (ALIs) specified in paragraphs (g)(1) and (g)(2) of
this AD. The initial compliance time for accomplishing the actions
is at the applicable time identified in the ALIs specified in
paragraphs (g)(1) and (g)(2) of this AD; or within 4 months after
March 2, 2015 (the effective date of AD 2014-23-15); whichever
occurs later.
    (1) Airbus A318/A319/A320/A321 Airworthiness Limitations Section
(ALS) Part 1--Safe Life Airworthiness Limitation Items, Revision 02,
dated May 13, 2011.
    (2) Airbus A318/A319/A320/A321 ALS Part 2--Damage-Tolerant
Airworthiness Limitation Items (DT ALI), Revision 02, dated May 28,
2013.

(h) Retained Limitation: No Alternative Actions, Intervals, and/or
Critical Design Configuration Control Limitations (CDCCLs), With an
Exception

    This paragraph restates the requirements of paragraph (o) of AD
2015-05-02, with an exception. Except as specified in paragraph (i)
or (j) of this AD, as applicable, after accomplishing the revision
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, and/or CDCCLs may be used unless the
actions, intervals, and/or CDCCLs are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
ALIs specified in Airbus A318/A319/A320/A321 ALS Part 2--Damage
Tolerant Airworthiness Limitation Items (DT--ALI), Revision 05,
dated July 8, 2016. The initial compliance time for accomplishing
the actions is at the applicable time identified in the ALIs
specified in Airbus A318/A319/A320/A321 ALS Part 2--DT--ALI,
Revision 05, dated July 8, 2016, without exceeding the inspection
intervals in the ALIs specified in the service information
identified in paragraph (g)(2) of this AD. Accomplishing this action
terminates the requirements of paragraph (g)(2) of this AD.

(j) New Method of Compliance for Maintenance or Inspection Program
Revision

    Revising the maintenance or inspection program, as applicable,
to incorporate the ALIs specified in Airbus A318/A319/A320/A321 ALS
Part 1--Safe Life Airworthiness Limitation Items (SL--ALI), Revision
04, dated June 20, 2016, is a method of compliance for the actions
required by paragraph (g)(1) of this AD. The initial compliance time
for accomplishing the actions is at the applicable time identified
in the ALIs specified in Airbus A318/A319/A320/A321 ALS Part 1--SL--
ALI, Revision 04, dated June 20, 2016, without exceeding the
inspection intervals in the ALIs specified in the service
information identified in paragraph (g)(1) of this AD. Accomplishing
this action terminates the requirements of paragraph (g)(1) of this
AD.

(k) New No Alternative Actions and/or Intervals

    After accomplishing the revision required by paragraph (i) or
specified in paragraph (j) of this AD, no alternative actions (e.g.,
inspections) and/or intervals may be used unless the actions and/or
intervals are approved as an AMOC in accordance with the procedures
specified in paragraph (l)(1) of this AD.

(l) 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 (m)(2) of this AD. Information
may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (ii) AMOCs approved previously for AD 2015-05-02, are approved
as AMOCs for the corresponding provisions of paragraphs (g) and (h)
of this AD.
    (iii) AMOCs approved previously for AD 2015-05-02, which are
included in the FAA AMOC letters specified in paragraphs
(l)(1)(iii)(A) and (l)(1)(iii)(B), are approved as AMOCs for the
corresponding provisions of paragraphs (i) and (j) of this AD.
    (A) FAA AMOC letter ANM-116-17-002R1, dated November 14, 2016.
    (B) FAA AMOC letter ANM-116-17-323, dated June 12, 2017.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or the European Aviation Safety Agency (EASA); or
Airbus's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2016-0239, dated December 2,
2016, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-6429.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone
425-227-1405; fax<PHONE_NUMBER>.

(n) 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.
    (3) The following service information was approved for IBR on
November 28, 2017.
    (i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section
(ALS) Part 1--Safe Life--Airworthiness Limitation Items (SL--ALI),
Revision 04, dated June 20, 2016.
    (ii) Airbus A318/A319/A320/A321 Airworthiness Limitations
Section (ALS) Part 2--Damage Tolerant Airworthiness Limitation Items
(DT--ALI), Revision 05, dated July 8, 2016.
    (4) The following service information was approved for IBR on
March 2, 2015 (80 FR 3871, January 26, 2015).
    (i) Airbus A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation Items, Revision 02, dated May 13, 2011. The
revision level of this document is identified on only the title page
and in the Record of Revisions. The revision date is not identified
on the title page of this document.
    (ii) Airbus A318/A319/A320/A321 ALS Part 2--Damage-Tolerant
Airworthiness Limitation Items (DT ALI), Revision 02, dated May 28,
2013. The revision date of this document is not identified on the
title page of this document.
    (5) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email [email protected]; Internet http://www.airbus.com.
    (6) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (7) 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 October 11, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-22949 Filed 10-23-17; 8:45 am]
BILLING CODE 4910-13-P


ASTSWMO HW Recycling Task Force Meeting

4/23/07

In attendance:

Penny Wilson, Arkansas

Rick Volpel, Oregon

Jim McNamara, Georgia

Ron Shell, Alabama

Helen Cotton, North Carolina

Karen Hale, Ohio

Ed Karmilovich, PA

Tracy Atagi, EPA/OSW

Betsy Devlin, EPA/OSW

Matt Hale, EPA/OSW

Mary Beth Sheridan, EPA/OSW

On phone:

Augusta Posner, Florida

Tom Judge, Missouri

Dennis Bowhay, Washington

Tracy Atagi gave an overview of the DSW supplemental proposal and then
went through the detailed outline of the proposed rule. This was
followed by a discussion with the state representatives on the following
issues: definition of owner and parent company, the tolling exclusion,
land-based units, notification, overlap with existing exclusions, the
transfer-based exclusion, reasonable efforts, financial assurance,
legitimacy and other miscellaneous related issues.


[Federal Register: March 12, 2007 (Volume 72, Number 47)]
[Notices]
[Page 11062-11066]
[DOCID:fr12mr07-139]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 27747; 813-284]

SA Investment Partners LLC, et al.; Notice of Application

March 5, 2007.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under sections 6(b) and
6(e) of the Investment Company Act of 1940 (the ``Act'') granting an
exemption from all provisions of the Act, except section 9, and
sections 36 through 53, and the rules and regulations under the Act.
With respect to sections 17 and 30 of the Act, and the rules and
regulations thereunder, and rule 38a-1 under the Act, the exemption is
limited as set forth in the application.

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Summary of Application: Applicants request an order to exempt certain
investment funds formed for the benefit of eligible current and former
employees of Sidley Austin LLP and its affiliates from certain
provisions of the Act. Each fund will be an employees' securities
company within the meaning of section 2(a)(13) of the Act.

Applicants: SA Investment Partnership LLC (the ``Investment Fund''),
and Sidley Austin LLP and any entity controlling, controlled by, or
under common control with Sidley Austin LLP (the ``Firm'').

Filing Dates: The application was filed on July 26, 2000, and amended
on March 8, 2001, March 23, 2001, November 14, 2003, and November 13,
2006. Applicants have agreed to file an amendment during the notice
period, the substance of which is reflected in this notice.

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, March 30, 2007, 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, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090; Applicants: One South Dearborn,
Chicago, IL 60603.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at
(202) 551-6876 or Julia Kim Gilmer, Branch Chief, at<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 for a fee at the
Commission's Public Reference Branch, 100 F Street, NE., Washington, DC
20549-0102 (telephone<PHONE_NUMBER>).

Applicants' Representations

    1. The Firm is a law firm organized as a Delaware limited liability
partnership. The Investment Fund is a Delaware limited liability
company. Applicants may offer additional pooled investment vehicles to
the same class of investors eligible to invest in the Investment Fund
(the ``Subsequent Funds,'' and together with the Investment Fund, the
``Funds'') which will be substantially similar in all material respects
to the Investment Fund except for investment objectives and strategies,
operational differences related to the form of organization, and
differences which reflect revisions to applicable law. Each Subsequent
Fund, if any, will be structured as a general partnership, limited
partnership or limited liability company, although a Subsequent Fund
could be structured as a corporation, trust or other entity. The Funds
will operate as non-diversified, closed-end management investment
companies.
    2. The Funds will enable Eligible Investors to participate in
investment opportunities that come to the attention of the Firm. Each
entity in which a Fund invests is referred to as a ``Portfolio
Company.'' Participation as investors in a Fund will allow Eligible
Investors (defined below) to diversify their investments and to have
the opportunity to participate in investments that might not otherwise
be available to them or that might be beyond their individual means.
    3. Interests in each Fund (``Interests'') will be offered and sold
in reliance upon the exemption from registration contained in Section
4(2) of the Securities Act of 1933 (the ``Securities Act'') or
Regulation D under the Securities Act. Interests will be offered solely
to investors who, at the time of the offer, are: (a) Eligible Employees
(defined below); (b) trusts of which the trustees and/or grantors are
Eligible Employees or of which the sole beneficiaries are Eligible
Employees and their immediate family members (spouses, parents,
brothers, sisters, children, spouses of children, and grandchildren)
(``Eligible Trusts''); (c) entities, all of the voting power of which
is controlled by Eligible Employees \1\ (together with Eligible Trusts,
``Qualified Investment Vehicles''); (d) spouses of Eligible Employees;
and (e) the Firm (collectively, ``Eligible Investors'').
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    \1\ The inclusion of entities controlled by an Eligible Employee
in the definition of Eligible Investor is intended to enable
Eligible Employees and their immediate family members to make
investments in the Funds through private investment vehicles for the
purpose of personal and family investment and estate planning
objectives. Eligible Employees will exercise investment discretion
and control over these investment vehicles, thereby creating a close
nexus between the Firm and these investment vehicles.
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    4. ``Eligible Employees'' are current or former partners of the
Firm, lawyers and other professionals employed by the Firm, and certain
current or former

employees of the Firm involved in managing the day-to-day affairs of
the Funds.\2\ An Eligible Employee must be either an accredited
investor who meets the income requirements in rule 501(a)(6) of
regulation D under the Securities Act, or, one of a maximum of 35
people (collectively, ``Non-Accredited Investors'') who: (a) Meets the
sophistication requirements in rule 506(b)(2)(ii) of regulation D under
the Securities Act, has a graduate degree, a minimum of five years of
legal or business experience, and compensation of at least $150,000 in
the prior year and a reasonable expectation of at least $150,000 in
each of the two immediately succeeding years; \3\ or (b) meets the
definition of a knowledgeable employee in rule 3c-5 under the Act (with
a Fund treated as though it were a covered company for purposes of the
rule. Qualified Investment Vehicles that are not accredited investors
must (a) have an Eligible Employee or a spouse of an Eligible Employee
as the settlor, and the Eligible Employee as principal investment
decision maker, and (b) be counted as one of the 35 Non-Accredited
Investors.\4\ A spouse of an Eligible Employee must be an accredited
investor who meets the requirements of rule 501(a)(5) or 501(a)(6) of
regulation D under the Securities Act. Any other Eligible Investor must
be an accredited investor as defined in rule 501(a) of Regulation D.
Prior to offering Interests in a Fund to an Eligible Employee or a
spouse of an Eligible Employee, the Managing Members (defined below)
must reasonably believe that such individual has such knowledge,
sophistication, and experience in business and financial matters to be
capable of evaluating the merits and risks of participating in the
Fund, is able to bear the economic risk of the investment and is able
to afford a complete loss of the investment. Each investor in a Fund
shall be a (``Member'') of such Fund.
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    \2\ Any such former partners, lawyers or employees will maintain
a sufficiently close nexus with the Firm so as to preserve the
community of interest between the Eligible Employee and the Firm.
    \3\ In addition, such Eligible Employee may not invest or commit
to invest (as applicable) in any year more than 10% of such person's
income from all sources for the immediately preceding year, in the
aggregate in a Fund and in all other Funds in which that Eligible
Employee has previously invested.
    \4\ If such Qualified Investment Vehicle is an entity other than
a trust, the reference to ``settlor'' shall be construed to mean a
person who created the vehicle, alone or together with others and
who contributed funds or other assets to the vehicle.
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    5. Administration of the Funds, including the screening of
investment opportunities, will be vested in one or more (``Managing
Members'') who are also Eligible Investors. Managing Members may
delegate certain functions to one or more investment committees
consisting of partners or employees of the Firm or delegate investment
decisions to one or more advisers (each, an ``Adviser''). An Adviser
will either be an individual that is a Managing Member, or an entity
that is wholly-owned by the Firm.\5\ An Eligible Investor who is a
Managing Member will not receive any form of compensation for acting as
a Managing Member.
    6. The Investment Fund will bear its own expenses. No fees or
compensation shall be paid to the Firm by the Funds, except for the
reimbursement of direct out of pocket costs of disbursements and
expenses incurred on behalf of such Funds. These direct out of pocket
expenses will not include any markup or profit component.
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    \5\ An Adviser will register as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act'') if required. Any
performance fee or carried interest payable by a Fund to an Adviser
(a) will be charged only if permitted by rule 205-3 under the
Advisers Act if paid to an Adviser registered under the Advisers
Act, and (b) will comply with section 205(b)(3) of the Advisers Act
(with the Fund treated as if it were a business development company
solely for the purpose of that section) if paid to an Adviser not
registered under the Advisers Act. A `carried interest' is an
allocation to an Adviser based on the net gains in addition to the
amount allocable to the Adviser that is in proportion to its capital
contributions, if any.
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    7. Each Eligible Investor will receive a copy of the organizational
documents and offering memorandum for a Fund, which will disclose the
Fund's specific investment objective and strategies and other material
terms of the Fund, before investing in such Fund. Each Fund will send
its Members an annual report regarding its operations which will
contain audited financial statements. Each Fund will also transmit a
report to each Member containing information on that Member's
distributive share of income, gains, losses, credits and other items
for federal and state income tax purposes, resulting from operations of
the Fund that year. Members will not be entitled to redeem their
Interests in the Investment Fund, but the Investment Fund may in the
future be restructured to periodically repurchase Interests from
Members. Subsequent Funds may also periodically repurchase Interests
from Members. Except in the case of death, a Member will not be
permitted to transfer or assign his or her Interest in the Investment
Fund absent approval of a Managing Member. No fee will be charged in
connection with the sale or a Fund's repurchase of Interests of the
Funds.
    8. A Member may be required to withdraw from a Fund if that
Member's continued participation would subject the Fund to possible
adverse tax consequences, or violate applicable law or regulations.
Upon withdrawal, the Member shall receive an amount equal to the
Member's net capital contributions (capital contributions less all
distributions received to the date of withdrawal) plus interest from
the date each capital contribution was made at the prime rate.
    9. A Fund will not acquire any security issued by a registered
investment company if immediately after the acquisition such Fund would
own more than 3% of the total outstanding voting securities of the
registered investment company.
    10. A Fund or Member will not borrow from any person if such
borrowing would cause any person not named in section 2(a)(13) of the
Act to own outstanding securities of the Fund (other than short term
paper). Any borrowing by a Fund will be non-recourse to the Fund's
Members.
    11. The applicants reserve the right to impose vesting provisions
on a Member's investments in a Fund. In an investment program that
provides for vesting, all or a portion of a Member's Interests would be
treated as unvested, and vesting would occur over a specified period of
time. To the extent a Member's Interests are or become vested, the
termination of the Member's association or employment with the Firm
would not affect the Member's rights with respect to the vested
Interests. The portion of a Member's Interests that are unvested at the
time of the termination of a Member's association or employment with
the Firm may be subject to repurchase or cancellation by the Fund. Upon
any repurchase or cancellation of all or a portion of a Member's
Interests, the Fund will at a minimum pay to the Member the lesser of
(a) the amount actually paid by the Member to acquire the Interests
(plus interest at or above the prime rate, as determined by the
Managing Members); and (b) the fair market value of the Interests
determined at the time of repurchase or cancellation, as the case may
be, as determined in good faith by the Managing Members. Any interest
owed to a Member pursuant to (a) above will begin to accrue at the end
of the investment period.

Applicants' Legal Analysis

    1. Section 6(b) of the Act provides, in part, that the Commission
will exempt employees' securities companies from the provisions of the
Act to the extent that the exemption is consistent with the protection
of investors. Section 6(b)

provides that the Commission will consider, in determining the
provisions of the Act from which the company should be exempt, the
company's form of organization and capital structure, the persons
owning and controlling its securities, the price of the company's
securities and the amount of any sales load, how the company's funds
are invested, and the relationship between the company and the issuers
of the securities in which it invests. Section 2(a)(13) defines an
employees' securities company, in relevant part, as any investment
company all of whose securities are beneficially owned (a) by current
or former employees, or persons on retainer, of one or more affiliated
employers, (b) by immediate family members of such persons, or (c) by
such employer or employers together with any of the persons in (a) or
(b).
    2. Section 7 of the Act generally prohibits an investment company
that is not registered under section 8 of the Act from selling or
redeeming its securities. Section 6(e) provides that, in connection
with any order exempting an investment company from any provision of
section 7, certain provisions of the Act, as specified by the
Commission, will be applicable to the company and other persons dealing
with the company as though the company were registered under the Act.
Applicants request relief under sections 6(b) and 6(e) of the Act for
an exemption from all provisions of the Act except section 9 and
sections 36 through 53, and the rules and regulations under the Act.
With respect to sections 17 and 30 of the Act, and the rules and
regulations thereunder, and rule 38a-1 under the Act, the exemption is
limited as set forth in the application.
    3. Section 17(a) generally prohibits any affiliated person of a
registered investment company, or any affiliated person of such an
affiliated person, acting as principal, from knowingly selling or
purchasing any security or other property to or from the company.
Applicants request an exemption from section 17(a) to the extent
necessary to permit a Fund: (a) To purchase, from the Firm or any
affiliated person thereof, securities or interests in properties
acquired for the account of the Firm or any affiliated person thereof;
(b) to sell, to the Firm or any affiliated person thereof, securities
or interests in properties previously acquired by the Funds; (c) to
invest in companies, partnerships, or other investment vehicles
offered, sponsored or managed by the Firm or any affiliated person
thereof; (d) to invest in securities of issuers for which the Firm or
any affiliated person thereof have performed services and from which
they may have received fees; (e) to purchase interests in any company
or other investment vehicle: (i) In which the Firm or its partners or
employees own 5% or more of the voting securities, or (ii) that is
otherwise an affiliated person of the Fund or the Firm (or any
affiliated person of the Fund); and (f) to participate as a selling
security holder in a public offering in which the Firm or any
affiliated person thereof acts as or represents as counsel a member of
the selling group or the issuer or underwriter.
    4. Applicants state that an exemption from Section 17(a) is
consistent with the purposes of the Act and the protection of
investors. Applicants state that the risks associated with a Fund
engaging in transactions with affiliated parties will be disclosed to
Eligible Investors. Applicants state that Eligible Investors, as
financially sophisticated persons, will be able to understand and
evaluate the risks associated with those dealings. Applicants also
assert that the community of interest among the Members and the Firm
will serve to reduce the risk of abuse in transactions involving a Fund
and the Firm or any affiliated person thereof.
    5. Section 17(d) and rule 17d-1 thereunder prohibit any affiliated
person of a registered investment company, or any affiliated person of
such person, acting as principal, from participating in any joint
arrangement with the company unless authorized by the Commission.
Applicants request relief under section 17(d) and rule 17d-1 to the
extent necessary to permit a Fund to engage in transactions in which an
affiliated person of the Fund or an affiliated person of such person
participates as a joint, or a joint and several participants with such
Fund.
    6. Applicants submit that compliance with section 17(d) would cause
the Funds to forgo investment opportunities simply because a Member,
the Firm, or another affiliated person of a Fund made, or is
concurrently making, an investment. Applicants also state that because
certain attractive investment opportunities often require that each
participant make available funds in an amount that may be substantially
greater than that available to one Fund alone, there may be attractive
opportunities that a Fund may be unable to take advantage of except as
a co-participant with other persons, including affiliated persons.
Applicants assert that the flexibility to structure co-investments and
joint investments will not involve abuses of the type section 17(d) and
rule 17d-1 were designed to prevent.
    7. Section 17(f) of the Act designates the entities that may act as
investment company custodians, and rule 17f-2 allows an investment
company to act as self-custodian, subject to certain requirements.
Applicants request an exemption from section 17(f) and rule 17f-2 to
permit the following exceptions from the requirements of rule 17f-2:
(a) Compliance with paragraph (b) of the rule may be achieved through
safekeeping in the locked files of the Firm, a partner of the Firm, or
a senior administrator of the Firm; (b) for purposes of paragraph (d)
of the rule, (i) employees of the Firm will be deemed employees of the
Funds, (ii) officers and Managing Members of a Fund will be deemed to
be officers of such Fund, and (iii) the Managing Members of a Fund will
be deemed to be the board of directors of such Fund; and (c) instead of
the verifications procedure under paragraph (f) of the rule, the
verification will be effected quarterly by no fewer than two employees
of the Firm. Applicants state that they expect that many of the Funds'
investments are most suitably kept in the Firm's files where they can
be referred to as necessary.
    8. Section 17(g) and rule 17g-1 generally require the bonding of
officers and employees of a registered investment company who have
access to its securities or funds. Rule 17g-1 requires that a majority
of directors who are not interested persons take certain actions and
give certain approvals relating to fidelity bonding. Paragraph (g) of
rule 17g-1 sets forth certain materials relating to the fidelity bond
that must be filed with the Commission and certain notices relating to
the fidelity bond that must be given to each member of the investment
company's board of directors. Paragraph (h) of rule 17g-1 provides that
an investment company must designate one of its officers to make the
filings and give the notices required by paragraph (g). Paragraph (j)
of rule 17g-1 exempts a joint insured bond provided and maintained by
an investment company and one or more other parties from section 17(d)
of the Act and the rules thereunder, but also requires, in 17g-1(j)(3),
that the board of directors of such company satisfy the fund governance
standards in rule 0-1(a)(7).
    9. Applicants request an exemption from section 17(g) and rule 17g-
1 to the extent necessary to permit the Managing Members, who would all
be considered interested persons of the Funds, to take the actions and
make the approvals set forth in rule 17g-1. Applicants could not comply
with rule 17g-1 absent such relief. Applicants also request an
exemption from the requirements of 17g-1(g) and (h) because applicants

believe that they are burdensome and unnecessary as applied to the
Funds. The Managing Members will retain the materials required to be
filed under 17g-1(g) and designate a person to maintain such records.
Finally, applicants request an exemption from section 17g-1(j)(3)
because the Funds will not have boards of directors. Additionally, in
light of the purpose of the Funds and the community of interest among
the Funds, and between the Funds and the Managing Members, applicants
believe that little purpose would be served by this requirement.
    10. Section 17(j) and paragraph (b) of rule 17j-1 make it unlawful
for certain enumerated persons to engage in fraudulent or deceptive
practices in connection with the purchase or sale of a security held or
to be acquired by a registered investment company. Rule 17j-1 also
requires that every registered investment company adopt a written code
of ethics and that every access person of a registered investment
company report personal securities transactions. Applicants request an
exemption from the requirements of rule 17j-1, except for the anti-
fraud provisions of paragraph (b), because they are unnecessarily
burdensome as applied to the Funds and would serve little purpose in
light of the community of interests among the Members of the Funds by
virtue of their common association with the Firm.
    11. Applicants request an exemption from the requirements in
sections 30(a), 30(b) and 30(e) of the Act, and the rules and
regulations thereunder, that registered investment companies file with
the Commission and mail their shareholders certain periodic reports and
financial statements. Applicants contend that the forms prescribed by
the Commission for periodic reports have little relevance to a Fund and
would entail administrative and legal costs that outweigh any benefit
to the Members. Applicants request exemptive relief to the extent
necessary to permit a Fund to report annually to its Members in the
manner described in the application. Applicants also request an
exemption from section 30(h) of the Act to the extent necessary to
exempt the Managing Members and any other persons who may be deemed to
be members of an advisory board of a Fund from filing Forms 3, 4, and
5, under Section 16 of the Securities Exchange Act of 1934, as amended
(``Exchange Act'') with respect to their ownership of Interests in a
Fund. Applicants assert that, because there is no trading market for
Interests and the transferability of Interests is severely restricted,
these filings are unnecessary for the protection of investors and
burdensome to those required to file them.
    12. Rule 38a-1 requires investment companies to adopt, implement
and periodically review written policies and procedures reasonably
designed to prevent violation of the federal securities laws, appoint a
chief compliance officer and maintain certain records. The Funds will
comply with rule 38a-1(a), (c) and (d), except that the Managing
Members of each Fund will fulfill the responsibilities assigned to a
Fund's board of directors under the rule, and since all Managing
Members would be considered interested persons of the Funds, approval
by a majority of the disinterested directors required by rule 38a-1
will not be obtained.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Each proposed transaction to which a Fund is a party otherwise
prohibited by section 17(a) or section 17(d) and Rule 17d-1 (the
``Section 17 Transactions'') will be effected only if the Managing
Members determine that: (a) The terms of the Section 17 Transaction,
including the consideration to be paid or received, are fair and
reasonable to the Members of the participating Fund and do not involve
overreaching of the Fund or its Members on the part of any person
concerned, and (b) the Section 17 Transaction is consistent with the
interests of the Members of the participating Fund, the Fund's
organizational documents and the Fund's reports to its Members. In
addition, the Managing Members will record and preserve a description
of Section 17 Transactions, their findings, the information or
materials upon which their findings are based and the basis therefore.
All such records will be maintained for the life of a Fund and at least
six years thereafter, and will be subject to examination by the
Commission and its staff. All such records will be maintained in an
easily accessible place for at least the first two years.
    2. If purchases or sales are made by a Fund from or to a Portfolio
Company affiliated with the Fund by reason of a partner or employee of
the Firm (a) serving as officer, director, general partner or
investment adviser of the Portfolio Company, or (b) having a 5% or more
investment in the Portfolio Company, such individual will not
participate in the Fund's determination of whether or not to effect the
purchase or sale.
    3. The Managing Members will adopt, and periodically review and
update, procedures designed to ensure that reasonable inquiry is made,
prior to the consummation of any Section 17 Transaction, with respect
to the possible involvement in the transaction of any affiliated person
or promoter of or principal underwriter for the Funds, or any
affiliated person of such a person, promoter, or principal underwriter.
    4. The Managing Members will not make available to the Members of a
Fund any investment in which a Co-Investor (as defined below), with
respect to any Fund, has or proposes to acquire the same class of
securities of the same issuer, where the investment may involve a joint
enterprise or other joint arrangement within the meaning of rule 17d-1
in which the Fund and the Co-Investor are participants, unless any such
Co-Investor, prior to disposing of all or part of its investment: (a)
Gives the Managing Members of the participating Fund holding such
investment sufficient, but not less than one day's, notice of its
intent to dispose of its investment, and (b) refrains from disposing of
its investment unless the participating Fund holding such investment
has the opportunity to dispose of its investment prior to or
concurrently with, on the same terms as, and on a pro rata basis with,
the Co-Investor. The term (``Co-Investor'') with respect to any Fund,
means any person who is: (a) An ``affiliated person'' (as such term is
defined in section 2(a)(3) of the Act) of the Fund, (b) the Firm and
any entities controlled by the Firm, (c) a current or former partner or
employee of the Firm, (d) an investment vehicle offered, sponsored, or
managed by the Firm or an affiliated person of the Firm, or (e) a
company in which the Firm or a Managing Member acts as an officer,
director, or general partner, or has a similar capacity to control the
sale or disposition of the company's securities.
    The restrictions contained in this condition, however, shall not be
deemed to limit or prevent the disposition of an investment by a Co-
Investor: (a) To its direct or indirect wholly-owned subsidiary, to any
company (a ``parent'') of which the Co-Investor is a direct or indirect
wholly-owned subsidiary, or to a direct or indirect wholly-owned
subsidiary of its parent, (b) to immediate family members of the Co-
Investor or a trust established for any such family member, (c) when
the investment is comprised of securities that are listed on a national
securities exchange registered under section 6 of the Exchange Act, or
(d) when the investment is composed of securities that are national
market

system securities pursuant to section 11A(a)(2) of the Exchange Act and
rule 11Aa2-1 thereunder.
    5. The Managing Members of each Fund will send to each Member who
had an Interest in that Fund, at any time during the fiscal year then
ended, Fund financial statements. Such financial statements shall be
audited by independent accountants in accordance with United States
generally accepted accounting principles. At the end of each fiscal
year, the Managing Members will make a valuation or have a valuation
made of all of the assets of the Fund as of such fiscal year end in a
manner consistent with customary practice with respect to the valuation
of assets of the kind held by the Fund. In addition, within 90 days
after the end of each tax year of the Fund, or as promptly as
practicable thereafter, the Managing Members shall send a report to
each person who was a Member at any time during the fiscal year then
ended, setting forth such tax information as shall be necessary for the
preparation by the Member of his or her federal and state income tax
returns and a report of the investment activities of the Fund during
such year.
    6. Each Fund and its Managing Members will maintain and preserve,
for the life of each such Fund and at least six years thereafter, such
accounts, books, and other documents as constitute the record forming
the basis for the financial statements and annual reports of such Fund
to be provided to its Members, and agree that all such records will be
subject to examination by the Commission and its staff. All such
records will be maintained in an easily accessible place for at least
the first two years.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-4291 Filed 3-9-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47367-47368]
[FR Doc No: 2020-17074]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-221-000.
    Applicants: Kings Point Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Kings Point Wind, LLC.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5103.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: EG20-222-000.
    Applicants: North Fork Ridge Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of North Fork Ridge Wind, LLC.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5105.
    Comments Due: 5 p.m. ET 8/20/20.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-1902-003.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: Compliance filing: ER19-1902 Second Compliance Filing
to be effective 5/20/2019.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5049.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER19-2507-003; ER13-1793-015; ER12-1260-016.
    Applicants: Convergent Energy and Power LP, Hazle Spindle, LLC,
Stephentown Spindle, LLC.
    Description: Notice of Change in Status of the Convergent MBR
Sellers.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5123.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2047-001.
    Applicants: Ormond Beach Power, LLC.
    Description: Tariff Amendment: Supplement to Application for
Market-Based Rate Authorization to be effective 12/31/9998.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5131.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2048-001.
    Applicants: Ellwood Power, LLC.
    Description: Tariff Amendment: Supplement to Application for
Market-Based Rate Authorization to be effective 12/31/9998.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5133.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2542-000.
    Applicants: All Choice Energy, LLC.
    Description: Baseline eTariff Filing: All Choice Energy Market-
Based Rate Application to be effective 7/31/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5001.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2543-000.
    Applicants: Crystal Lake Wind Energy II, LLC.
    Description: Baseline eTariff Filing: Reactive Power Compensation
Filing to be effective 9/28/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5009.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2544-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3718 Frontier Windpower II
GIA to be effective 7/24/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5012.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2545-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3719 Chilocco Wind Farm GIA
to be effective 7/24/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5013.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2546-000.
    Applicants: Midcontinent Independent System Operator, Inc, Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2020-07-30_SA 2276 Ameren-
Dynegy 2nd Rev DFSA to be effective 9/29/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5036.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2547-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1166R34 Oklahoma Municipal
Power Authority NITSA NOA to be effective 7/1/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5041.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2548-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Sharyland Utilities
3rd Amended Interconnection Agreement to be effective 7/27/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5056.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2549-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3499R1 Poplar Bluff
Municipal Utilities NITSA NOA to be effective 7/1/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5078.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2550-000.
    Applicants: Entergy Mississippi, LLC.
    Description: Sec.  205(d) Rate Filing: EML Choctaw Reactive to be
effective 10/1/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5085.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2551-000.
    Applicants: ISO New England Inc., New England Power Company.
    Description: Compliance filing: New England Power Company; Order
No. 864 Compliance Revisions to be effective 1/1/2021.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5086.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2552-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: DEC-Lockhart Revised NITSA
SA- 407 to be effective 7/1/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5114.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2553-000.
    Applicants: New England Power Company.
    Description: Compliance filing: Order No. 864 Compliance Revisions
to TSA-NEP-22 to be effective 1/1/2021.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5116.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2554-000.
    Applicants: Entergy Texas, Inc.
    Description: Sec.  205(d) Rate Filing: ETI-Newton Wholesale
Distribution Service Agreement to be effective 9/1/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5124.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2555-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 205 tariff revisions to
enhance peak load forecast to be effective 9/29/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5143.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2556-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised Service
Agreement No. 4547; Queue No. AF1-181/AF1-182/AF1-183 to be effective
6/30/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5145.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2557-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF- Winter Park NITSA to be
effective 10/1/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5158.
    Comments Due: 5 p.m. ET 8/20/20.

    Docket Numbers: ER20-2558-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 217,
Exhibit B.RVL to be effective 10/1/2020.
    Filed Date: 7/30/20.
    Accession Number: 20200730-5160.
    Comments Due: 5 p.m. ET 8/20/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at:
    http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: July 30, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-17074 Filed 8-4-20; 8:45 am]
BILLING CODE 6717-01-P


MEMORANDUM

DATE:		September 2, 2014

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Ray Saracino, EPA

SUBJECT:	August 25, 2014 Meeting Regarding Proposed Clean Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

SUMMARY

      A meeting was held between EPA and the attendees listed below on August 25, 2014 to discuss the proposed Clean Power Plan for Existing Power Plants. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.        ATTENDEES

Hawaii Officials Keith McFall		Environmental Engineer, Clean Air Branch, Hawaii Department of Health  Michael Madsen	Engineer, Clean Air Branch, Hawaii Department of Health

EPA Officials Christen Fellner, Sector Policies and Programs, Office of Air Quality Planning and Standards Ray Saracino, Clean Energy & Climate Change Office, Region 9