[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Notices]
[Pages 17154-17155]
[FR Doc No: 2019-08213]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-521-000]

Gulf LNG Liquefaction Company, LLC, Gulf LNG Energy, LLC, Gulf
LNG Pipeline, LLC; Notice of Availability of the Final Environmental
Impact Statement for the Proposed Gulf LNG Liquefaction Project

April 17, 2019.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final environmental impact statement (EIS)
for the Gulf LNG Liquefaction Project, proposed by Gulf LNG
Liquefaction

Company, LLC; Gulf LNG Energy, LLC; and Gulf LNG Pipeline, LLC (GLP)
(collectively referred to as Gulf LNG) in the above-referenced docket.
Gulf LNG requests authorization pursuant to Section 3(a) of the Natural
Gas Act (NGA) to construct and operate onshore liquefied natural gas
(LNG) liquefaction and associated facilities to allow export of LNG.
Pursuant to Part 157.203 of Commission regulations, Gulf LNG intends to
construct, own, operate, and maintain new interconnection and metering
facilities for the existing Gulf LNG Pipeline in Jackson County,
Mississippi. The proposed actions are referred to as the Gulf LNG
Liquefaction Project (Project) and consist of the Gulf LNG Terminal
Expansion (Terminal Expansion) and the GLP Pipeline Modifications.
    The final EIS assesses the potential environmental effects of
construction and operation of the Gulf LNG Liquefaction Project in
accordance with the requirements of the National Environmental Policy
Act (NEPA). The FERC staff concludes that approval of the proposed
Project, with the mitigation measures recommended in the EIS, would
have some adverse environmental impacts; however, these impacts would
be avoided or reduced to less-than-significant levels.
    U.S. Army Corps of Engineers; U.S. Coast Guard; U.S. Department of
Energy, Office of Fossil Energy; the U.S. Department of
Transportation's Pipeline and Hazardous Materials Safety
Administration; U.S. Fish and Wildlife Service; National Oceanic and
Atmospheric Administration, National Marine Fisheries Service; and U.S.
Environmental Protection Agency participated as cooperating agencies in
the preparation of the EIS. In addition, the Mississippi Office of the
Secretary of State has jurisdiction over the wetland mitigation
property and, therefore, is assisting us as a cooperating agency.
Cooperating agencies have jurisdiction by law or special expertise with
respect to resources potentially affected by the proposal and
participate in the NEPA analysis. Although the cooperating agencies
provided input to the conclusions and recommendations presented in the
final EIS, the agencies will present their own conclusions and
recommendations in their respective Records of Decision for the
Project.
    The final EIS addresses the potential environmental effects of the
construction and operation of the following proposed facilities:
     Feed gas pre-treatment facilities, including a mercury
removal system, an acid gas removal system (to remove carbon dioxide
and hydrogen sulfide), a molecular sieve dehydration system (to remove
water), and a heavy hydrocarbon removal system (to remove natural gas
liquids);
     two separate propane precooled mixed refrigerant
liquefaction trains that liquefy natural gas, each with a nominal
liquefaction capacity of 5 million tonnes per annum (mtpa) and a
maximum capacity of more than 5.4 mtpa of LNG;
     liquefaction facility utilities and associated systems,
including two gas-fired turbine compressors per liquefaction train;
     storage facilities for condensate, ammonia and
refrigerants;
     utilities systems, including instrument, plant air, and
nitrogen;
     a truck loading/unloading facility to unload refrigerants
and to load condensate produced during the gas liquefaction process;
     four flares (including one spare flare) in a single flare
tower to incinerate excess gases associated with maintenance, startup/
shutdown, and upset conditions during an emergency;
     two supply docks (North and South Supply Docks) designed
to receive barges transporting materials and large equipment during
construction, with one dock retained for use during operation;
     new in-tank LNG loading pumps in the existing LNG storage
tanks to transfer LNG through the existing transfer lines to LNG marine
carriers;
     new spill impoundment systems designed to contain LNG,
refrigerants and other hazardous fluids;
     minor changes to piping at the existing berthing facility
to permit bi-directional flow;
     a new concrete storm surge protection wall that connects
to the existing storm surge protection wall near the southwest corner
of the Terminal Expansion site and extends along the southern border of
the Terminal Expansion site;
     a new earthen berm extending from the northeastern to the
southeastern boundaries of the Terminal Expansion site, between the
Terminal Expansion and the Bayou Casotte Dredged Material Management
Site, and connecting to the new segments of the storm surge protection
wall;
     six off-site construction support areas for use as staging
and laydown areas, contractor yards, and parking;
     modifications to the existing metering stations at the
existing Gulfstream Pipeline Company and Destin Pipeline Company
interconnection facilities; and
     modifications to the existing Gulf LNG Pipeline at the
existing Terminal to provide a connection to the inlet of the LNG
liquefaction pre-treatment facilities.
    The Commission mailed a copy of the Notice of Availability to
federal, state, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American tribes; potentially affected landowners and other interested
individuals and groups; and newspapers and libraries in the Project
area. The final EIS is only available in electronic format. It may be
viewed and downloaded from the FERC's website (www.ferc.gov), on the
Environmental Documents page (https://www.ferc.gov/industries/gas/enviro/eis.asp). In addition, the final EIS may be accessed by using
the eLibrary link on the FERC's website. Click on the eLibrary link
(https://www.ferc.gov/docs-filing/elibrary.asp), click on General
Search, and enter the docket number in the ``Docket Number'' field,
excluding the last three digits (i.e. CP15-521). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at [email protected] or toll free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

 Kimberly D. Bose,
Secretary.
[FR Doc. 2019-08213 Filed 4-23-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53936-53941]
[FR Doc No: 2012-21636]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30183; 813-379]

Alvarez & Marsal, Inc., et al.; Notice of Application

August 28, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

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

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    Summary of Application: Applicants request an order to exempt
certain limited partnerships and other entities formed for the benefit
of eligible employees of Alvarez & Marsal, Inc. and its affiliates from
certain provisions of the Act. Each partnership will be an ``employees'
securities company'' within the meaning of section 2(a)(13) of the Act.
    Applicants: Alvarez & Marsal, Inc. (``A&M Inc.''), Alvarez & Marsal
Capital, LLC (``A&M Capital''), A&M Capital-GP, LP (``A&M Capital-
GP''), Alvarez & Marsal Partners Fund, LP, and Alvarez & Marsal
Partners Buyout Fund, LP.
    Filing Dates: The application was filed on August 13, 2010, and
amended on February 11, 2011, and May 4, 2012.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests

should be received by the Commission by 5:30 p.m. on September 24,
2012, 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: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants:
Alvarez & Marsal, Inc., 600 Lexington Avenue, 6th Floor, New York, NY
10022.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at
(202) 551-6876, or Mary Kay Frech, 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 via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. A&M Inc. is a New York corporation that is privately held and
controlled by Antonio C. Alvarez II and Bryan P. Marsal. A&M Inc. and
its ``affiliates,'' as defined in rule 12b-2 under the Securities
Exchange Act of 1934 (the ``Exchange Act''), other than Third Party
Funds (as defined below), are referred to collectively as the ``A&M
Group'' and individually as an ``A&M Group entity.'' The A&M Group is
one of the world's leading global professional services firms,
providing, as its principal business, comprehensive performance
improvement, turnaround management, and business advisory services to
clients ranging from global enterprises to middle market companies that
are publicly held or privately owned.
    2. Alvarez & Marsal Partners Fund, LP and Alvarez & Marsal Partners
Buyout Fund, LP are each a Delaware limited partnership (together, the
``Initial Funds''). A&M Capital and A&M Capital-GP, each a Delaware
limited liability company, and A&M Inc. organized the Initial Funds,
and may in the future organize limited partnerships, limited liability
companies, business trusts or other entities (each an ``Other Fund,''
and together with the Initial Funds, the ``Funds'').
    3. The Funds will be established primarily for the benefit of key
Professionals (as defined below) of the A&M Group, as part of a program
designed to create capital building opportunities that are competitive
with those at other global professional services firms and to
facilitate the A&M Group's recruitment and retention of high caliber
Professionals. These programs may be structured as different Funds, or
as separate series within the same Fund. Each Fund will be an
``employees' securities company'' within the meaning of section
2(a)(13) of the Act. Each of the Funds will operate as a non-
diversified, closed-end management company within the meaning of the
Act. The A&M Group will control the Funds within the meaning of section
2(a)(9) of the Act.
    4. Each Fund will have a manager that is an A&M Group entity
(``Manager''). A&M Capital and A&M Capital-GP will serve as the
Managers of the Initial Funds. The Manager will manage, operate and
control each of the Funds. The Manager will be authorized to delegate
to an A&M Group entity or to a committee of A&M Group employees such
management responsibility provided that the ultimate responsibility for
and control of each Fund remain with the Manager. The Manager will
delegate management responsibility only to entities that control, are
controlled by, or are under common control with A&M Inc. The Manager or
the A&M Group entity acting as the investment adviser to a Fund will
register as an investment adviser under the Investment Advisers Act of
1940 (the ``Advisers Act'') if required under applicable law.
Applicants represent and concede that the Manager in managing a Fund is
an ``investment adviser'' within the meaning of sections 9 and 36 of
the Act and is subject to those sections.
    5. A Fund may pay a management or an administrative fee to its
Manager or an A&M Group entity. The Manager, the A&M Group, or any
employees of the Manager or the A&M Group may be entitled to receive
compensation or a performance-based fee (a ``carried interest'') \1\
based on the gains and losses of the investment program or of the
Fund's investment portfolio.
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    \1\ A ``carried interest'' is an allocation to the Manager based
on the net gains of an investment program. A Manager that is
registered as an investment adviser under the Advisers Act may
charge a carried interest only if permitted by rule 205-3 under the
Advisers Act. Any carried interest paid to a Manager that is not
registered under the Advisers Act will be structured to comply with
section 205(b)(3) of the Advisers Act as if a Fund were a business
development company as defined in the Advisers Act.
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    6. Interests in the Funds (``Interests'') will be offered without
registration in reliance on section 4(2) of the Securities Act of 1933
(the ``Securities Act'') or Regulation D or Regulation S under the
Securities Act, and will be sold only to the A&M Group, Eligible
Employees and Eligible Consultants, and certain related persons of
Eligible Employees and Eligible Consultants, each as defined below.
Prior to offering an Interest to a natural person, the Manager must
reasonably believe that the natural person is a sophisticated investor
capable of understanding and evaluating the risks of participating in
the Fund without the benefit of regulatory safeguards. Investment in
the Funds will be voluntary.
    7. Only those Professionals of the A&M Group who qualify as
``Eligible Employees'' will be able to participate in the Funds. In
order to qualify as an ``Eligible Employee,'' an individual must (a) be
a principal, partner (or equivalent), officer, director \2\ or current
or former employee (provided that such former employee was a current
employee at the time of investment) of an A&M Group entity (each, a
``Professional'') and (b) meet the standards of an ``accredited
investor'' as defined in rule 501(a)(5) or 501(a)(6) of Regulation D or
be one of a maximum of 35 individuals who are either (i)
``knowledgeable employees,'' as defined in rule 3c-5(a)(4) under the
Act of the Fund (with the Fund treated as though it were a ``covered
company'' for purposes of the rule) or (ii) individuals who (1) have a
graduate degree in business, law or accounting, (2) have a minimum of
three years of consulting, investment management, investment banking,
financial services, legal or similar business experience, and (3) will
have had reportable income from all sources (including any profit
shares or bonus) of $100,000 in each of the two most recent years
immediately preceding such individual's admission as a partner or
member of a Fund (``Member'') and will have a reasonable expectation of
income from all sources of at least $140,000 in each year in which such
individual invests in a Fund

(such individuals, ``Non-Accredited Investors''). Any Fund offering
will be limited to no more than 35 Non-Accredited Investors. In
addition, an Eligible Employee in category (ii) above must meet the
requirements set forth in rule 506(b) of Regulation D and will not be
permitted to invest in any year more than 10% of his or her income from
all sources for the immediately preceding year in the aggregate in the
Fund and in all other Funds in which that Eligible Employee has
previously invested. It is anticipated that, in the discretion of the
Manager, Eligible Consultants (as defined below) of the A&M Group may
be offered the opportunity to participate in the Funds.\3\
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    \2\ Certain entities of the A&M Group are structured as
partnerships or LLCs. The principals and partners (or equivalent) of
these entities are owners of the entities rather than employees.
However, such principals and partners perform identical functions to
those of an employee and therefore are treated as employees for
purposes of section 2(a)(13) of the Act. In order to qualify as an
Eligible Employee, any current or former officer or director must be
an employee or former employee (or person on retainer) within the
meaning of section 2(a)(13) of the Act.
    \3\ In order to participate in the Funds, consultants will be
required to be natural persons or entities who (a) an A&M Group
entity has engaged on retainer at the time of investment to provide
services and professional expertise on an ongoing basis as regular
consultants or business or legal advisors to such A&M Group entity
and (b) are sophisticated investors who qualify as an ``accredited
investor'' under rule 501(a)(5) or 501(a)(6), if the consultants are
natural persons, or if entities, meet the standards of an
``accredited investor'' under rule 501(a) of Regulation D
(``Eligible Consultants'').
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    8. In the discretion of the Manager of a Fund and at the request of
an Eligible Employee or Eligible Consultant, Interests may be assigned
by such Eligible Employee or Eligible Consultant, or sold directly by
the Fund, to a Qualified Entity or Eligible Family Member (each as
defined below and, collectively, ``Qualified Participants'') of such
Eligible Employee or Eligible Consultant. A ``Qualified Entity'' is (a)
a trust of which the trustee, grantor and/or beneficiary is an Eligible
Employee or Eligible Consultant, (b) a partnership, limited liability
company, corporation or other entity controlled by an Eligible Employee
or Eligible Consultant, or (c) an individual retirement account, trust,
or other entity established solely for the benefit of an Eligible
Employee, Eligible Consultant, or Eligible Family Members. An
``Eligible Family Member'' is a parent, sibling, spouse, child, spouse
of a child, or grandchild of an Eligible Employee or Eligible
Consultant (including step and adoptive relationships). If an Eligible
Family Member is purchasing an Interest, such Eligible Family Member
must come within one of the categories of an ``accredited investor''
under rule 501(a) of Regulation D. An Eligible Employee, Eligible
Consultant or Eligible Family Member may purchase an Interest through a
Qualified Entity only if either (a) the investment vehicle is an
``accredited investor'' as defined in rule 501(a) of Regulation D or
(b) the Eligible Employee, Eligible Consultant, or Eligible Family
Member is the settlor \4\ and principal investment decision-maker with
respect to the investment vehicle.\5\ Qualified Entities that are not
accredited investors will be included toward the limit of 35 Non-
Accredited Investors discussed above.
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    \4\ If such investment vehicle is an entity other than a trust,
the term ``settlor'' means a person who created such vehicle, alone
or together with others, and contributed funds to such vehicle.
    \5\ If an Eligible Consultant is an entity (such as a law firm
or consulting firm), and the Eligible Consultant proposes to invest
in the Fund through a Qualified Entity, the individual participants
in such partnership, corporation or other entity will be limited to
senior level employees, members or partners of the Eligible
Consultant who are responsible for the activities of the Eligible
Consultant and will be required to qualify as ``accredited
investors'' under rule 501(a) of Regulation D.
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    9. The terms of a Fund will be fully disclosed to each Eligible
Employee and Eligible Consultant, and, if applicable, to a Qualified
Participant, at the time they are invited to participate in the Fund.
Each Eligible Employee and Eligible Consultant and their Qualified
Participants will be furnished with a private placement memorandum or
other offering document, including a copy of the operating agreement or
other organizational documents (the ``Operating Agreement'') for the
relevant Fund. The Funds will send the Members annual financial
statements audited by independent public accountants as soon as
practicable after the end of the fiscal year of each of the Funds.\6\
The Manager of each Fund, within 120 days after the end of the fiscal
year of such Fund, or as soon as practicable thereafter, will send a
report to each person who was a Member of such Fund 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, her or its
federal and state income tax returns and a report of the investment
activities of such Fund during that year.
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    \6\ ``Audit'' will have the meaning defined in rule 1-02(d) of
Regulation S-X.
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    10. Interests in each Fund will be non-transferable except with the
prior written consent of the Manager, and, in any event, no person or
entity will be admitted into a Fund as a Member unless such person or
entity is an Eligible Employee, Eligible Consultant, a Qualified
Participant or an A&M Group entity. The Interests in the Funds will be
sold without a sales load.
    11. If an Eligible Employee's or Eligible Consultant's relationship
with the A&M Group terminates for any reason, including death,
disability, termination, retirement, or withdrawal, his/her Interest
may be subject to repurchase, reallocation, redemption, mandatory
transfer, or cancellation. In the case of Interests held by an Eligible
Consultant or its Qualified Participants, if any, whose retainer has
been terminated or has expired, such Interests will be subject to
mandatory redemption or repurchases by an A&M Group entity, or the A&M
Group entity may require the former Eligible Consultant, or its
Qualified Participants, to sell such Interests to an Eligible Employee
or Eligible Consultant. Pursuant to a formula set forth in a Fund's
Operating Agreement, the Member will, at a minimum, receive an amount
equal to or greater than the lesser of (a) the amount actually paid by
the Member to acquire the Interest plus interest less prior
distributions and (b) the fair market value of the Interest as
determined in good faith at the time of repurchase or cancellation by
the Manager. The terms of any such redemption or resale will apply
equally to any Qualified Participant of an Eligible Employee or
Eligible Consultant.
    12. It is possible that an investment program may be structured in
which a Fund will co-invest in a portfolio investment with an A&M Group
entity or an investment fund or separate account, organized primarily
for the benefit of investors who are not affiliated with the A&M Group,
over which an A&M Group entity exercises investment discretion (a
``Third Party Fund''). Subject to the terms of the applicable Operating
Agreement and the requested order, a Fund will be permitted to enter
into transactions involving (a) an A&M Group entity, (b) a Fund
investment, (c) any Member or person or entity affiliated with a
Member, (d) a Third Party Fund, or (e) any partner or other investor of
a Third Party Fund that is not affiliated with the A&M Group (``Third
Party Investor'').
    13. A Fund may borrow from an A&M Group entity. In such case, the
Manager or another A&M Group entity may make loans to a Fund, which
would bear interest at a rate no less favorable than the rate of
interest that could be obtained on an arm's length basis from third
party lenders. Any borrowing by a Fund will be non-recourse to the
Members other than the Manager. A Fund will not borrow from any person
if the borrowing would cause any person not named in section 2(a)(13)
of the Act to own securities of the Fund (other than short-term paper).
    14. A Fund will not acquire any security issued by a registered
investment company if, immediately after such acquisition, the Fund
will own more than 3% of the outstanding

voting stock of the registered investment company.

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 (other than short-term
paper) 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 investment companies
that are not registered under section 8 of the Act from selling or
redeeming their securities. Section 6(e) of the Act 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 an order under sections 6(b) and 6(e) of
the Act exempting the Funds from all the provisions of the Act, except
sections 9, 17, 30, 36 through 53, and the Rules and Regulations. With
respect to sections 17(a), (d), (f), (g), and (j) and 30(a), (b), (e),
and (h) 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 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) of the Act to permit
an A&M Group entity or a Third Party Fund (or any ``affiliated
person,'' as defined in the Act, of any such entity or Third Party
Fund), acting as principal, to purchase or sell securities or other
property to or from any Fund or any company controlled by such Fund.
Applicants state that the relief is requested to permit each Fund the
flexibility to deal with its investments in the manner the Manager
deems most advantageous to all Members other than the Manager
(``Participants''), including borrowing funds from an A&M Group entity,
pledging its assets, restructuring its investments, having its
investments redeemed, tendering such Fund's securities or negotiating
options or implementing exit strategies with respect to its
investments. Applicants state the requested exemption is sought to
ensure that a Third Party Fund or Third Party Investor will not
directly or indirectly become subject to a burden, restriction, or
other adverse effect by virtue of a Fund's participation in an
investment opportunity.
    4. Applicants believe an exemption from section 17(a) is consistent
with the policy of each Fund and the protection of investors and
necessary to promote the basic purpose of such Fund. Applicants state
that the Participants in each Fund will have been fully informed of the
possible extent of such Fund's dealings with the A&M Group, and, as
experienced professionals in the restructuring, advisory, consulting or
investment management businesses, will be able to understand and
evaluate the attendant risks. Applicants assert that the community of
interest among the Members in each Fund, on the one hand, and the A&M
Group, on the other hand, is the best insurance against any risk of
abuse. Applicants, on behalf of the Funds, represent that any
transactions otherwise subject to section 17(a) of the Act, for which
exemptive relief has not been requested, would require approval of the
Commission.
    5. Section 17(d) of the Act and rule 17d-1 under the Act 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 to permit
affiliated persons of each Fund, or affiliated persons of any of these
persons, to participate in, or effect any transaction in connection
with, any joint enterprise or other joint arrangement or profit-sharing
plan in which the Fund or a company controlled by the Fund is a
participant. The exemption requested would permit, among other things,
co-investments by each Fund and individual Members or other investors
or Professionals of the A&M Group making their own individual
investment decisions apart from the A&M Group.
    6. Applicants assert that compliance with section 17(d) would cause
a Fund to forego investment opportunities simply because a Participant
in such Fund or other affiliated person of such Fund (or any affiliate
of such a person) also had, or contemplated making, a similar
investment. Applicants further assert that attractive investment
opportunities of the types considered by a Fund often require each
participant in the transaction to make funds available in an amount
that may be substantially greater than may be available to such Fund
alone. Applicants contend that, as a result, the only way in which a
Fund may be able to participate in such opportunities may be to co-
invest with other persons, including its affiliates. 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. Applicants state that side-by-side investments held by a Third
Party Fund, or by an A&M Group entity in a transaction in which the A&M
Group investment was made pursuant to a contractual obligation to a
Third Party Fund, will not be subject to condition 3 below. Applicants
assert that in structuring a Third Party Fund, it is likely that the
unaffiliated investors of such fund will require that an A&M Group
entity invest its own capital in Third Party Fund investments, either
through the Third Party Fund or on a side-by-side basis, and that A&M
Group investments be subject to substantially the same terms as those
applicable to the Third Party Fund's investments. Applicants state that
it is important that the interests of the Third Party Fund take
priority over the interests of the Funds, and that the activities of
the Third Party Fund not be burdened or otherwise affected by
activities of the Funds. Applicants also state that the relationship of
a Fund to a Third Party Fund is fundamentally different from a Fund's
relationship to the A&M Group. Applicants contend that the focus of,
and the rationale for, the protections contained in the application are
to protect the Funds from any overreaching by the A&M Group in the
employer/employee context, whereas the same concerns are not present
with respect to the Funds vis-[agrave]-vis the investors of a Third
Party Fund.
    8. Section 17(f) of the Act designates the entities that may act as
investment company custodians, and rule 17f-2 under the Act specifies
requirements that must be satisfied for a registered

management investment company to act as custodian of its own
investments. Applicants request an exemption from section 17(f) of the
Act and rule 17f-2 to permit the following exceptions from the
requirements of rule 17f-2: (a) A Fund's investments may be kept in the
locked files of an A&M Group entity for purposes of paragraph (b) of
the rule; (b) for purposes of paragraph (d) of the rule, (i) employees
of the A&M Group will be deemed to be employees of the Funds, (ii)
partners, officers or managers of the Manager of a Fund will be deemed
to be officers of the Fund, and (iii) the Manager of a Fund, its board
of directors or managers, or a committee of A&M Group Professionals to
whom the Manager may delegate its functions will be deemed to be the
board of directors of such Fund; and (c) in place of the verification
procedure under paragraph (f) of the rule, verification will be
effected quarterly by two employees of the A&M Group, each of whom
shall have sufficient knowledge, sophistication and experience in
business matters to perform such examination. Applicants expect that
many of the Funds' investments will be evidenced only by partnership
agreements, participation agreements or similar documents, rather than
by negotiable certificates that could be misappropriated. Applicants
believe that these instruments are most suitably kept in the files of
an A&M Group entity, where they can be referred to as necessary.
Applicants will comply with all other provisions of rule 17f-2.
    9. Section 17(g) of the Act and rule 17g-1 under the Act 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. The rule also requires that the board of directors of
an investment company relying on the rule satisfy the fund governance
standards, as defined in rule 0-1(a)(7). Applicants request relief to
permit the Manager's board of managers or directors, who may be deemed
interested persons, to take actions and determinations as set forth in
the rule. Applicants state that, because all the members of the board
of directors or managers of the Manager of each Fund will be interested
persons of the Fund, the Fund could not comply with rule 17g-1 without
the requested relief. Applicants state that each Fund will comply with
rule 17g-1 by having a majority of the members of the board of managers
or directors of the Manager take such actions and make approvals as are
set forth in rule 17g-1. Applicants also request an exemption from the
requirements of rule 17g-l(g) and (h) relating to the filing of copies
of fidelity bonds and related information with the Commission and the
provision of notices to the board of directors and an exemption from
the requirements of rule 17g-1(j)(3) relating to compliance with the
fund governance standards. Applicants state that the fidelity bond of
the Funds will cover employees of the A&M Group who have access to the
securities or funds of the Funds and that the Funds will comply with
all other requirements of rule 17g-1.
    10. Section 17(j) of the Act and paragraph (b) of rule 17j-1 under
the Act 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 provisions of
rule 17j-1, except for the anti-fraud provisions of paragraph (b),
because they are burdensome and unnecessary as applied to the Funds.
    11. Applicants request an exemption from the requirements in
sections 30(a), 30(b), and 30(e) of the Act, and the rules under those
sections, that registered investment companies prepare and file with
the Commission and mail to 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 Participants in such Fund. Applicants request relief to
the extent necessary to permit each Fund to report annually to its
Participants. Applicants also request relief from the requirements of
section 30(h), to the extent necessary to exempt the Manager of each
Fund, members of the Manager, or any board of managers or directors or
committee of A&M Group Professionals to whom the Manager may delegate
its functions, and any other persons who may be subject to section
30(h), from filing Forms 3, 4 and 5 under Section 16 of the Exchange
Act with respect to their ownership of Interests in such Fund.
Applicants believe that, because there will be no trading market and
the transfers of Interests will be severely restricted, these filings
are unnecessary for the protection of investors and burdensome to those
required to make them.
    12. Rule 38a-1 requires investment companies to adopt, implement
and periodically review written policies reasonably designed to prevent
violation of the federal securities laws and to appoint a chief
compliance officer. Applicants state that each Fund will comply with
rule 38a-1(a), (c) and (d), except that (a) since the Fund does not
have a board of directors, the governing body of the Manager with
respect to the Fund will fulfill the responsibilities assigned to the
Fund's board of directors under the rule, (b) since the governing body
of the Manager with respect to the Fund does not have any disinterested
members, approval by a majority of the disinterested board members
required by rule 38a-1 will not be obtained, and (c) since the
governing body of the Manager does not have any disinterested members,
the Funds will comply with the requirement in rule 38a-1(a)(4)(iv) that
the chief compliance officer meet with the independent directors by
having the chief compliance officer meet with the governing body of the
Manager as constituted.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Each proposed transaction otherwise prohibited by section 17(a)
or section 17(d) and rule 17d-1 to which a Fund is a party (the
``Section 17 Transactions'') will be effected only if the Manager
determines 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 such Fund and do not involve overreaching of such 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 such Fund, such Fund's organizational documents and such
Fund's reports to its Members.
    In addition, the Manager of each Fund will record and preserve a
description of all Section 17 Transactions, the Manager's findings, the
information or materials upon which the findings are based and the
basis for the findings. All records will be maintained for the life of
such Fund and for at least six years thereafter, and will be subject to
examination by the Commission and its staff. Each Fund will preserve
the accounts, books and other documents required to be maintained in an
easily accessible place for the first two years.

    2. The Manager of each Fund 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 such Fund, or any
affiliated person of such a person, promoter or principal underwriter.
    3. The Manager of each Fund will not invest the funds of such Fund
in any investment in which a ``Co-Investor'' (as defined below) has
acquired or proposes to acquire the same class of securities of the
same issuer and where the investment transaction involves a joint
enterprise or other joint arrangement within the meaning of rule 17d-1
in which such Fund and the Co-Investor are participants, unless any
such Co-Investor, prior to disposing of all or part of its investment,
(a) gives such Manager 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 such Fund has the opportunity to
dispose of such Fund's investment prior to or concurrently with, on the
same terms as, and pro rata with, the Co-Investor. The term ``Co-
Investor'' with respect to any Fund means any person, other than a
Third Party Fund or an A&M Group entity in a transaction in which the
A&M Group investment was made pursuant to a contractual obligation to a
Third Party Fund, who is: (a) An ``affiliated person'' (as such term is
defined in section 2(a)(3) of the Act) of such Fund; (b) an A&M Group
entity; (c) an Eligible Employee; or (d) an entity in which an A&M
Group entity acts as a manager or has a similar capacity to control the
sale or disposition of the entity's securities. The restrictions
contained in this condition 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 such 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 such Co-Investor or a trust or other
investment vehicle established for any such immediate family member; or
(c) when the investment is comprised of securities that are (i) listed
on any exchange registered under section 6 of the Exchange Act; (ii)
NMS stocks pursuant to section 11A(a)(2) of the Exchange Act and rule
600(b) of Regulation NMS thereunder; (iii) government securities as
defined in section 2(a)(16) of the Act or other securities that meet
the definition of ``Eligible Security'' in rule 2a-7 under the Act; or
(iv) listed on or traded on any foreign securities exchange or board of
trade that satisfies regulatory requirements under the law of the
jurisdiction in which such foreign securities exchange or board of
trade is organized similar to those that apply to a national securities
exchange or a national market system for securities.
    4. Each Fund will maintain and preserve, for the life of the Fund
and for at least six years thereafter, the accounts, books, and other
documents as constitute the record forming the basis for the audited
financial statements and annual reports to be provided to the
Participants in such Fund, and agree that all such records will be
subject to examination by the Commission and its staff. Each Fund will
preserve the accounts, books and other documents required to be
maintained in an easily accessible place for the first two years.
    5. The Manager of each Fund will send to each Participant in such
Fund who had an interest in such Fund, at any time during the fiscal
year then ended, Fund financial statements audited by such Fund's
independent accountants. At the end of each fiscal year, the Manager
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 120 days after the end of each
fiscal year of each Fund, or as soon as practicable after the end of
each fiscal year of each Fund, the Manager of such Fund will send a
report to each person who was a Participant in such Fund at any time
during the fiscal year then ended, setting forth such tax information
as shall be necessary for the preparation by the Participant of that
Participant's federal and state income tax returns, and a report of the
investment activities of the Fund during that fiscal year.
    6. If a Fund makes purchases or sales from or to an entity
affiliated with the Fund by reason of a Professional of the A&M Group
(a) serving as an officer, director, general partner, manager or
investment adviser of the entity, or (b) having a 5% or more investment
in the entity, such individual will not participate in the Fund's
determination of whether or not to effect the purchase or sale.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-21636 Filed 8-31-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Rules and Regulations]
[Pages 43671-43674]
[FR Doc No: 2017-19653]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0339; Product Identifier 2016-NM-078-AD; Amendment
39-19042; AD 2017-19-12]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2014-13-17,
which applied to all Airbus Model A300 series airplanes; Airbus Model
A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-
605R Variant F airplanes (collectively

called Model A300-600 series airplanes); and Airbus Model A310 series
airplanes. AD 2014-13-17 required repetitive functional tests of the
circuit breakers for the fuel pump power supply, and replacement of
certain circuit breakers. This new AD requires installation of fuel
pumps having a new standard, which terminates the repetitive functional
tests. This AD was prompted by our determination that installation of a
newly developed fuel pump standard will better address the unsafe
condition. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective October 24, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 24,
2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of August
19, 2014 (79 FR 41098, July 15, 2014).

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport 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-2017-
0339.

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-
0339; 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: Dan Rodina, 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 notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2014-13-17, Amendment 39-17893 (79 FR 41098,
July 15, 2014) (``AD 2014-13-17''). AD 2014-13-17 applied to all Airbus
Model A300 series airplanes; Airbus Model A300-600 series airplanes;
and Airbus Model A310 series airplanes. The NPRM published in the
Federal Register on May 16, 2017 (82 FR 22445). The NPRM was prompted
by reports of failures of the right inner tank fuel pump. The NPRM
proposed to require installation of fuel pumps having the new standard.
We are issuing this AD to prevent a fuel pump from overheating, which
could result in a fuel tank explosion and consequent loss 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 2016-0080, dated April 21, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model A300
series airplanes; Airbus Model A300-600 series airplanes; and Airbus
Model A310 series airplanes. The MCAI states:

    Two successive failures have been reported of a Right Hand #1
inner tank fuel pump, Part Number (P/N) 2052Cxx series (where ``xx''
represents any numerical combination). These occurrences were solved
by replacement of the pump, associated circuit breaker (CB) and the
alternating current (AC) bus load relay.
    Investigations determined that, in case of loss of one phase on
the pump supply and the associated CB failing to trip, the fuel pump
thermal fuses may not operate as quickly as expected.
    This condition, if not detected and corrected, could lead to an
overheat condition of the fuel pump in excess of 200 [deg]C,
possibly resulting in a fuel tank explosion and loss of the
aeroplane.
    To address this potential unsafe condition, Airbus issued Alert
Operator Transmission (AOT) A28W002-13 providing instructions for
functional tests of CBs.
    As a temporary measure, EASA issued AD 2013-0163 [which
corresponds to FAA AD 2014-13-17] to require repetitive functional
tests of the affected fuel pump power supply CBs, and, depending on
findings, replacement.
    Since that [EASA] AD was issued, a new standard of fuel pump was
developed, which improves the thermal protection, thereby preventing
the potential unsafe condition and cancelling the need for
repetitive functional tests of the affected CBs, as required by EASA
AD 2013-0163. Airbus issued Service Bulletin (SB) A300-28-0093, SB
A300-28-6111, SB A300-28-9025 and SB A310-28-2176 to provide
instructions for this upgrade of the fuel pump for all positions on
the aeroplane.
    For the reasons described above, this [EASA] AD retains the
requirements EASA AD 2013-0163, which is superseded, and requires
installation of the new standard fuel pump, which constitutes
terminating action for the repetitive functional tests.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0339.

Comments

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

Support for the NPRM

    FedEx Express stated that it concurs with the proposed corrective
actions.

Suggestion To Organize Files by Airplane Serial Number

    One commenter, Anani Fleur, suggested that the FAA set up files for
every airplane by serial number. The commenter stated that the file
system should be computerized and that FAA employees could do this.
    We acknowledge the commenter's suggestion. Since it does not
address the unsafe condition identified in this AD, we have not changed
this AD regarding this issue.

Conclusion

    We reviewed the available data, including the comments 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
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information, which
describes procedures for installing new standard fuel pumps with
improved thermal protection. These documents are distinct since they
apply to different airplane models in different configurations.

     Service Bulletin A300-28-0093, dated December 15, 2015.
     Service Bulletin A300-28-6111, Revision 01, dated February
29, 2016.
     Service Bulletin A310-28-2176, dated December 15, 2015.
    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 128 airplanes of U.S. registry.
    The actions required by AD 2014-13-17 and retained in this AD take
about 1 work-hour 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 2014-13-17 is $85 per product, per inspection
cycle.
    We also estimate that it will take up to 21 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts cost per product is not
available. Based on these figures, we estimate the cost of this AD on
U.S. operators to be up to $228,480, or up to $1,785 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)
2014-13-17, Amendment 39-17893 (79 FR 41098, July 15, 2014), and adding
the following new AD:

2017-19-12 Airbus: Amendment 39-19042; Docket No. FAA-2017-0339;
Product Identifier 2016-NM-078-AD.

(a) Effective Date

    This AD is effective October 24, 2017.

(b) Affected ADs

    This AD replaces 2014-13-17, Amendment 39-17893 (79 FR 41098,
July 15, 2014) (``AD 2014-13-17'').

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any
category, identified in paragraphs (c)(1) through (c)(6) of this AD,
all manufacturer serial numbers.
    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-
103, and B4-203 airplanes.
    (2) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622
airplanes.
    (3) Airbus Model A300 B4-605R and B4-622R airplanes.
    (4) Airbus Model A300 C4-605R Variant F airplanes.
    (5) Airbus Model A300 F4-605R and F4-622R airplanes.
    (6) Airbus Model A310-203, -204, -221, -222, -304, -322, -324,
and -325 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of failures of the right inner
tank fuel pump. We are issuing this AD to prevent a fuel pump from
overheating, which could result in a fuel tank explosion and
consequent loss of the airplane.

(f) Compliance

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

(g) Retained: Repetitive Functional Tests of Circuit Breakers, With New
Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD
2014-13-17, with a new terminating action.
    (1) Within 6 months or 500 flight hours after August 19, 2014
(the effective date of AD 2014-13-17), whichever occurs first: Do a
functional test of the circuit breakers for the fuel pump power
supply, as identified in paragraphs (g)(1)(i), (g)(1)(ii), and
(g)(1)(iii) of this AD, as applicable, in accordance with Airbus
Alert Operators Transmission A28W002-13, dated July 23, 2013. Repeat
the functional test thereafter at intervals not to exceed 6 months
or 500 flight hours, whichever occurs first, until the fuel pump
installation required by paragraph (h) of this AD is accomplished.
    (i) For Airbus Model A300 B2-1A, B2-1C, B2K-3C, and B2-203
airplanes: Inner and outer pump, No. 1 and No. 2, left-hand (LH)
side and right-hand (RH) side.
    (ii) For Airbus Model A300 B4-2C, B4-103, B4-203, B4-601, B4-
603, B4-620, and B4-622 airplanes; and Model A310-203, -204, -221,
and -222 airplanes:
    (A) Inner and outer pump, No. 1 and No. 2, LH and RH; and
    (B) Center pump, LH and RH.
    (iii) For Airbus Model A300 B4-605R, B4-622R, F4-605R, F4-622R,
and C4-605R Variant F airplanes; and Model A310-304, -322, -324, and
-325 airplanes:
    (A) Inner and outer pump, No. 1 and No. 2, LH and RH;
    (B) Center pump, LH and RH; and
    (C) Trim tank pump No. 1 and No. 2.
    (2) If, during any functional test required by paragraph (g)(1)
of this AD, any circuit breaker fails any functional test, or any
circuit breaker is found to be stuck closed, before further flight,
replace the affected circuit breaker with a serviceable part, in
accordance with Airbus Alert Operators Transmission A28W002-13,
dated July 23, 2013.

    (3) The replacement of one or more circuit breakers as required
by paragraph (g)(2) of this AD does not terminate the repetitive
functional tests required by paragraph (g)(1) of this AD.

(h) New Requirement of This AD: Installation of Fuel Pumps Having a New
Standard

    Within 72 months after the effective date of this AD: Install a
fuel pump having a new standard at each applicable location on the
airplane, in accordance with the Accomplishment Instructions of the
applicable service information specified in paragraph (h)(1),
(h)(2), or (h)(3) of this AD. Accomplishment of the installation of
fuel pumps having the new standard terminates the requirement for
the repetitive functional tests required by paragraph (g)(1) of this
AD.
    (1) Airbus Service Bulletin A300-28-0093, dated December 15,
2015.
    (2) Airbus Service Bulletin A300-28-6111, Revision 01, dated
February 29, 2016.
    (3) Airbus Service Bulletin A310-28-2176, dated December 15,
2015.

(i) Parts Installation Prohibition

    After the installation of any fuel pump having a new standard on
an airplane, as required by paragraph (h) of this AD, no person may
install any fuel pump having part number 2052Cxx (where ``xx''
represents any numerical combination) on that airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for the installation required by
paragraph (h) of this AD, if the installation was done before the
effective date of this AD using Airbus Service Bulletin A300-28-
6111, dated December 15, 2015.

(k) 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 (l)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>    (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.
    (3) Required for Compliance (RC): If any Airbus service
information contains procedures or tests that are identified as RC,
those 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0080, dated April 21, 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-2017-0339.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone
425-227-2125; fax<PHONE_NUMBER>.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(5) and (m)(6) of this AD.

(m) 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
October 24, 2017.
    (i) Airbus Service Bulletin A300-28-0093, dated December 15,
2015.
    (ii) Airbus Service Bulletin A300-28-6111, Revision 01, dated
February 29, 2016.
    (iii) Airbus Service Bulletin A310-28-2176, dated December 15,
2015.
    (4) The following service information was approved for IBR on
August 19, 2014 (79 FR 41098, July 15, 2014).
    (i) Airbus Alert Operators Transmission A28W002-13, dated July
23, 2013.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (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 September 7, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-19653 Filed 9-18-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33531-33533]
[FR Doc No: 2017-15194]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81149; File No. SR-IEX-2017-23]

Self-Regulatory Organizations: Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Make a
Clarifying Amendment to IEX Rule 16.135

July 14, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 7, 2017, the Investors Exchange LLC filed with the
Securities and Exchange Commission (the ``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared by the self-regulatory organization. The Commission is
publishing this notice to

solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the
Commission a proposed rule change to amend IEX Rule 16.135(b)(1) to
clarify that the description in a proposal under Section 19(b) of the
Act to list a series of Managed Fund Shares constitutes continued
listing standards for such series of Managed Fund Shares.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.iextrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statement [sic] may be examined
at the places specified in Item IV below. The self-regulatory
organization has prepared summaries, set forth in Sections A, B, and C
below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
Overview
    The Exchange proposes to amend IEX Rule 16.135(b)(1) to clarify
that the description in a proposal under Section 19(b) of the Act to
list a series of Managed Fund Shares constitutes continued listing
standards for such series of Managed Fund Shares. The proposed rule
change is substantially identical to a recent Nasdaq Stock Market
(``Nasdaq'') rule change.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 80810 (May 30,
2017), 82 FR 26205 (June 6, 2017) (SR-NASDAQ-2017-052).
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to amend the applicability
section of IEX Rule 16.135(b)(1) to specify that any of the statements
or representations regarding not just the description of the portfolio,
but also of the reference assets, among other things, will constitute
continued listing requirements for listing of shares. This revision
will conform the language to current criteria in IEX Rule
16.135(d)(2)(C)(iv) with respect to criteria for IEX to consider the
suspension of trading and initiation of delisting proceedings of a
series of Managed Fund Shares under the IEX Rule Series 14.500.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 80545 (April 27,
2017), 82 FR 20648 (May 3, 2017) SR-IEX-2017-03).
---------------------------------------------------------------------------

    The Exchange does not currently list any Managed Fund Shares.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with
Section 6(b) \8\ of the Act in general, and furthers the objectives of
Section 6(b)(5) of the Act,\9\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change to amend the
applicability section of IEX Rule 16.135(b)(1) to specify that any of
the statements or representations regarding not just the description of
the portfolio, but also of the reference assets, among other things,
will constitute continued listing requirements for listing of shares
will provide clarity and accurately reflect the intent of the rule to
the benefit of investors and the public interest.
    Accordingly, based on the foregoing, the Exchange believes that the
proposed rule change is consistent with Section 6(b)(5) of the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed rule change may enhance competition since it addresses an
inconsistency in the applicability of listing standards applicable to
Managed Fund Shares.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) \10\ of the Act and Rule 19b-4(f)(6) \11\
thereunder. Because the proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-IEX-2017-23 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-IEX-2017-23. This file

number should be included in the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available
for inspection and copying at the principal office of the Exchange and
on its Internet Web site at www.iextrading.com. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-IEX-2017-23 and should be submitted on
or before August 10, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017-15194 Filed 7-19-17; 8:45 am]
 BILLING CODE 8011-01-P


U.S. ENVIRONMENTAL PROTECTION AGENCY

	DELETION DOCKET

	FOR

	 KERR MCGEE/REED KEPPLER SITE

WEST CHICAGO, ILLINOIS

	OCTOBER 8, 2009

NO.	DATE		AUTHOR		RECIPIENT		TITLE/DESCRIPTION		 PAGES

 1	02/23/89-	U.S. EPA		Public		Administrative Record for   44

	06/27/02							Removal Action at the

									Kerr-McGee/Reed Keppler

									Site (DOCUMENTS CONTAINED

									ON THE INDEX ARE INCORPO-

									RATED BY REFERENCE INTO

									THE DELETION DOCKET)

 2	05/03/02-	U.S. EPA		Public		Administrative Record for   19

	07/23/03							Remedial Action at the

									Kerr-McGee/Reed Keppler

									Site (DOCUMENTS CONTAINED

									ON THE INDEX ARE INCORPO-

									RATED BY REFERENCE INTO

									THE DELETION DOCKET)

 3	09/24/09	Scott, D.,		Karl, R.,		Letter: Illinois EPA’s       1

			Illinois EPA	U.S. EPA		Concurrence on the

									Delisting of the Kerr-

									McGee Chemical Corporation

									Reed-Keppler Park from

									the National Priorities

									List