[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Notices]
[Page 42391-42396]
[DOCID:fr21jy08-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58162; File No. SR-NYSEArca-2008-73]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to Trade
14 Funds of the Commodities and Currency Trust Pursuant to Unlisted
Trading Privileges

July 15, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 11, 2008, NYSE Arca, Inc. (``NYSE Arca'' or

the ``Exchange''), through its wholly owned subsidiary NYSE Arca
Equities, Inc. (``NYSE Arca Equities'' or the ``Corporation''), filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been substantially prepared by the Exchange. The Exchange filed
the proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\
and Rule 19b-4(f)(6) \4\ thereunder, which renders it effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to trade pursuant to unlisted trading
privileges (``UTP'') shares (``Shares'') of fourteen (14) funds
(``Funds'') of the Commodities and Currency Trust (``Trust'') based on
several currencies, commodities and commodities indexes.
    The text of the proposed rule change is available at the Exchange's
principal office, the Commission's Public Reference Room, and http://
www.nyse.com.

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

    In its filing with the Commission, the Exchange 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
Exchange 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to revise Commentary .02 to NYSE Arca
Equities Rule 8.200 to permit the listing and trading, including
trading pursuant to UTP, of trust issued receipts (``TIRs'') that hold
investments in any combination of cash, securities, options on
securities and indices, futures contracts, options on futures
contracts, forward contracts, equity caps, collars and floors, and swap
agreements (the ``Financial Instruments'').\5\ This proposal would
permit the Exchange to trade the Shares pursuant to UTP under revised
Commentary .02 to Rule 8.200. The American Stock Exchange LLC
(``Amex'') has filed a proposed rule change to list the Shares.\6\
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    \5\ Permissible securities in connection with Financial
Instruments would not include foreign equity securities.
    \6\ See Securities Exchange Act Release No. 57932 (June 5,
2008), 73 FR 33467 (June 12, 2008) (SR-Amex-2008-39) (``Amex
Proposal''). The Commission notes that, in a separate action today,
it is approving the Amex Proposal. See Securities Exchange Act
Release No. 58161 (July 15, 2008).
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    The Shares represent common units of fractional undivided
beneficial interest in, and ownership of, each Fund. Each Fund will
invest the proceeds of its offering of Shares in various Financial
Instruments that will provide exposure to the Fund's underlying
currency, commodity or commodity index. In addition, the Funds will
also maintain cash positions in cash or money market instruments for
the purpose of collateralizing such positions taken in the Financial
Instruments.
    Shares of seven (7) of the Funds of the Trust will be designated as
Ultra ProShares while the other seven (7) shares of the Trust will be
designated as UltraShort ProShares. Each of the Funds will have a
distinct investment objective.\7\ The Funds will attempt, on a daily
basis, to achieve their investment objective by corresponding to a
specified multiple or an inverse multiple of the performance of a
particular benchmark commodities index, commodity or currency (each an
``Underlying Benchmark'' and collectively, the ``Underlying
Benchmarks'') as described in the Amex Proposal.
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    \7\ The Funds are the Ultra DJ-AIG Commodity ProShares,
UltraShort DJ-AIG Commodity ProShares, Ultra DJ-AIG Agriculture
ProShares, UltraShort DJ-AIG Agriculture ProShares, Ultra DJ-AIG
Crude Oil ProShares, UltraShort DJAIG Crude Oil ProShares, Ultra
Gold ProShares, UltraShort Gold ProShares, Ultra Silver ProShares,
UltraShort Silver ProShares, Ultra Euro ProShares, UltraShort Euro
ProShares, Ultra Yen ProShares and UltraShort Yen ProShares.
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    Six (6) Funds will be based on the following benchmark commodities
indexes: (i) The Dow Jones-AIG Commodity IndexSM; (ii) the Dow Jones-
AIG Crude Oil Sub-IndexSM; and (iii) the Dow Jones-AIG Agriculture Sub-
IndexSM (each, an ``Underlying Index'' and collectively, the
``Underlying Indexes''). Four (4) Funds will be based on the following
commodities: (i) Gold; and (ii) silver (each, an ``Underlying
Commodity'' and collectively, the ``Underlying Commodities''). Four (4)
Funds will be based on the following benchmark currencies versus the
U.S. dollar: (1) The Euro; and (2) the Japanese Yen (each, an
``Underlying Currency'' and collectively, the ``Underlying
Currencies''). The Exchange proposes to trade pursuant to UTP shares of
the Funds that seek daily investment results, before fees and expenses,
that correspond to twice (200%) the daily performance of the Underlying
Benchmark (the ``Ultra Funds''). If a Fund is successful in meeting its
investment objective, the net asset value (``NAV'') \8\ of the shares
of each Fund is expected to gain on a percentage basis, approximately
twice as much as each Fund's respective Underlying Benchmark when the
price of the Underlying Benchmark increases on a given day, and should
lose approximately twice as much when such price declines on a given
day, before fees and expenses.
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    \8\ ``Net asset value'' means the total assets of a Fund
including, but not limited to, all cash and cash equivalents or
other debt securities less total liabilities of such Fund, each
determined on the basis of generally accepted accounting principles
in the United States, consistently applied under the accrual method
of accounting. In particular, net asset value includes any
unrealized profit or loss on open swaps and futures contracts, and
any other credit or debit accruing to a Fund but unpaid or not
received by a Fund.
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    The Exchange also proposes to trade pursuant to UTP shares of the
Funds that seek daily investment results, before fees and expenses that
correspond to twice the inverse (-200%) of the daily performance of the
Underlying Benchmark (the ``UltraShort Funds''). If each Fund is
successful in meeting its objective, the NAV of the shares of each Fund
is expected to increase approximately twice as much, on a percentage
basis, as the respective Underlying Benchmark loses on a given day, or
should decrease approximately twice as much as the respective
Underlying Benchmark gains when the Underlying Benchmark rises on a
given day, before fees and expenses.
    The Exchange notes that the Commission has permitted the listing
and trading on the Exchange and other national securities exchanges of
securities linked to the performance of underlying currencies and
commodities.\9\ The Commission also has

approved for trading on the Exchange on a UTP basis under NYSE Arca
Equities Rule 5.2(j)(3) UltraFunds, Short Funds and UltraShort Funds of
the ProShares Trust.\10\
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    \9\ The Commission has previously approved issues of Commodity-
Based Trust Shares, Currency Trust Shares and Commodity Index Trust
Shares, which have certain characteristics similar to the proposed
TIRs, for exchange listing and trading. See, e.g., Securities
Exchange Act Release No. 50603 (October 28, 2004), 69 FR 64614
(November 5, 2004) (SR-NYSE-2004-22) (order approving listing on the
New York Stock Exchange (``NYSE'') of streetTRACKS Gold Trust);
Securities Exchange Act Release No. 51058 (January 19, 2005), 70 FR
3749 (January 26, 2005) (SR-Amex-2004-38) (order approving listing
on the American Stock Exchange (``Amex'') of the iShares COMEX Gold
Trust); Securities Exchange Act Release No. 53521 (March 20, 2006),
71 FR 14967 (March 24, 2006) (SR-Amex-2005-72) (order approving
listing on Amex of the iShares Silver Trust); Securities Exchange
Act Release No. 56041 (July 11, 2007), 72 FR 39114 (July 17, 2007)
(SR-NYSEArca-2007-43) (order granting accelerated approval to list
on NYSE Arca the iShares COMEX Gold Trust); Securities Exchange Act
Release No. 52843 (November 28, 2005), 70 FR 72486 (December 5,
2005) (SR-NYSE 2005-65) (order granting accelerated approval for
NYSE to list and trade shares of the CurrencyShares Euro Trust);
Securities Exchange Act Release No. 54020 (June 20, 2006), 71 FR
36579 (June 27, 2006) (SR-NYSE-2006-35) (order granting accelerated
approval for NYSE to list and trade shares of the CurrencyShares
Australian Dollar Trust, CurrencyShares British Pound Sterling
Trust, CurrencyShares Canadian Dollar Trust, CurrencyShares Mexican
Peso Trust, CurrencyShares Swedish Krona Trust and CurrencyShares
Swiss Franc Trust); Securities Exchange Act Release No. 55268
(February 9, 2007), 72 FR 7793 (February 20, 2007) (SR-NYSE-2007-03)
(order granting accelerated approval for NYSE to list and trade
shares of the CurrencyShares Japanese Yen Trust); Securities
Exchange Act Release No. 56131 (July 25, 2007), 72 FR 42212 (August
1, 2007) (SR-NYSEArca-2007-57) (order granting accelerated approval
for listing on NYSE Arca of CurrencyShares Trusts); Securities
Exchange Act Release No. 54013 (June 16, 2006), 71 FR 36372 (June
26, 2006) (SR-NYSE-2006-17) (approving listing on the NYSE of the
iShares GSCI Trust); Securities Exchange Act Release No. 55585
(April 5, 2007), 72 FR 18500 (April 12, 2007) (SR-NYSE-2006-75)
(approving for NYSE listing the iShares GS Commodity Light Energy
Indexed Trust; iShares GS Commodity Industrial Metals Indexed Trust;
iShares GS Commodity Livestock Indexed Trust and iShares GS
Commodity Non-Energy Indexed Trust); Securities Exchange Act Release
No. 56932 (December 7, 2007), 72 FR 71178 (December 14, 2007) (SR-
NYSEArca-2007-112) (order granting accelerated approval to list
iShares S&P GSCI Commodity-Indexed Trust); Securities Exchange Act
Release No. 57456 (March 7, 2008), 73 FR 13599 (March 13, 2008) (SR-
NYSEArca-2007-91) (order granting accelerated approval for NYSE Arca
listing the iShares S&P GSCI Energy Commodity-Indexed Trust; iShares
S&P GSCI Natural Gas Commodity-Indexed Trust; iShares S&P GSCI
Industrial Metals Commodity-Indexed Trust; iShares S&P GSCI Light
Energy Commodity-Indexed Trust; iShares S&P GSCI Livestock
Commodity-Indexed Trust; and iShares S&P GSCI Non-Energy Commodity-
Indexed Trust).
    \10\ See Securities Exchange Act Release No. 55125 (January 18,
2007), 72 FR 3462 (January 25, 2007) (SR-NYSEArca-2006-87);
Securities Exchange Act Release No. 57017 (December 20, 2007), 72 FR
73955 (December 28, 2007) (SR-NYSEArca-2007-108).
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Proposed Revision to Commentary .02 to Rule 8.200
    Shares of each Fund will be generally subject to the rules that
apply to TIRs. The Exchange also proposes to revise Commentary .02 to
Rule 8.200 in order to permit the listing and trading of TIRs directly
holding Financial Instruments. Current Commentary .02 to Rule 8.200
permits the Exchange to list and trade TIRs, including trading on a UTP
basis, where the underlying trust, partnership, commodity pool or other
similar entity holds ``Investment Shares.'' \11\ The term ``Investment
Shares'' is defined in Commentary .02(b)(1) as a security (a) that is
issued by a trust, partnership, commodity pool or other similar entity
that invests in any combination of futures contracts, options on
futures contracts, forward contracts, commodities, swaps or high credit
quality short-term fixed income securities or other securities; and (b)
issued and redeemed daily at net asset value in amounts correlating to
the number of receipts created and redeemed in a specified aggregate
minimum number. As a result, a TIR that is listed or UTP-traded
pursuant to current Commentary .02 to Rule 8.200 is required to be in
the form of a ``master-feeder'' structure, whereby the listed or UTP-
traded security holds or invests in the security of the fund that is
investing in the Financial Instruments. This proposal would provide an
alternative for issuers so that a security may be listed and traded,
including UTP-traded, on the Exchange that directly invests in or holds
Financial Instruments rather than through an additional security of a
fund.
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    \11\ See Securities Exchange Act Release No. 53736 (April 27,
2006), 71 FR 26582 (May 5, 2006 (SR-PCX-2006-22).
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    The proposal will expand the application of Commentary .02 to Rule
8.200 to both Investment Shares and Financial Instruments. Accordingly,
new Commentary .02(b)(4) to Rule 8.200 would be added to define
``Financial Instrument'' as any combination of cash, securities,
options on securities and indices, futures contracts, options on
futures contracts, forward contracts, equity caps, collars and floors
and swap agreements. Throughout Commentary .02 to Rule 8.200, the term
``Financial Instrument'' will be added to ``Investment Shares''
indicating that TIRs directly holding Financial Instruments may be
listed and traded, including UTP-traded, on the Exchange.
    Additional information regarding the Underlying Indexes, the
Commodities Benchmarks, the Currencies Benchmarks, the structure and
investment objective of the Funds, the portfolio investment
methodology, investment techniques, creation and redemption of Shares
is provided in the Amex Proposal.
Availability of Information Regarding the Shares
    According to the Amex Proposal, the Web sites for the Funds and/or
the Amex, which are publicly accessible at no charge, will contain the
following information: (a) The current NAV per Share daily and the
prior business day's NAV per Share and the reported closing price; (b)
the mid-point of the bid-ask price in relation to the NAV per Share as
of the time it is calculated (the ``Bid-Asked Price''); (c) calculation
of the premium or discount of such price against the NAV per Share; (d)
data in chart form displaying the frequency distribution of discounts
and premiums of the Bid-Ask Price against the NAV per Share, within
appropriate ranges for each of the four (4) previous calendar quarters;
(e) the Prospectus; and (f) other applicable quantitative information.
    The NAV per Share will be calculated and disseminated daily. The
Amex will disseminate for the Funds on a daily basis by means of CTA/CQ
High Speed Lines information with respect to the corresponding
``Indicative Value'' (as discussed below), recent NAV per Share and
Shares outstanding. The Amex will also make available on its Web site
(http://www.amex.com) daily trading volume of the Shares, closing
prices of the Shares, and the NAV per Share. The closing price and
settlement prices of the futures contracts held by the Funds are also
readily available from the Chicago Mercantile Exchange (``CME''), New
York Mercantile Exchange (``NYMEX''), Chicago Board of Trade
(``CBOT''), Intercontinental Exchange/New York Board of Trade (``ICE/
NYBOT''), London Metal Exchange (``LME''), automated quotation systems,
published or other public sources, or on-line information services such
as Bloomberg or Reuters. Real-time dissemination of spot pricing for
gold, silver, euro and Japanese yen is available on a 24-hour basis
worldwide from various major market data vendors.
Portfolio Disclosure
    Each Fund's total portfolio composition will be disclosed on the
Web site of the Trust (http://www.proshares.com) or another relevant
Web site as determined by the Trust and/or the Amex. The Trust will
provide Web site disclosure of portfolio holdings daily and will
include, as applicable, the names and number of Financial Instruments
and characteristics of such instruments, cash equivalents and amount of
cash held in the portfolio of each Fund. This public Web site
disclosure of the portfolio composition of each Fund will occur at the
same time as the disclosure by the Managing Owner of the portfolio
composition to Authorized Participants, so that all market participants
are provided portfolio composition

information at the same time. Therefore, the same portfolio information
will be provided on the public Web site as well as in electronic files
provided to Authorized Participants. Accordingly, each investor will
have access to the current portfolio composition of each Fund through
the Trust's Web site, at http://www.proshares.com, and/or at the Amex's
Web site.
Availability of Information About the Underlying Benchmarks
    The daily closing index value and the percentage change in the
daily closing index value for each Underlying Index will be publicly
available on various Web sites, e.g., http://www.ino.com and http://
www.finance.yahoo.com. Data regarding each Underlying Index is also
available from the respective index provider to subscribers. In
addition, data is also available regarding the underlying component
commodities of each Underlying Index from those futures exchanges that
list and trade futures contracts on those commodities. Several
independent data vendors also package and disseminate index data in
various value-added formats (including vendors displaying both index
constituents and index levels and vendors displaying index levels
only).
    Data regarding spot pricing of the Underlying Commodities (gold and
silver) is publicly available on a 24-hour basis from various financial
information service providers, such as Reuters and Bloomberg. In
addition, the daily London fix for gold and silver is also disseminated
by various market data vendors and is available from the London Bullion
Market Association (``LBMA'') Web site at http://www.lbma.org.uk.
    Data regarding futures contracts and options on futures contracts
in connection with the Underlying Commodities is also available from
the NYMEX at http://nymex.com. There is considerable public price and
data information regarding the Underlying Currencies (euro and Japanese
yen). Spot pricing related to foreign exchange is available to
investors and market professionals on a 24-hour basis. A variety of
public Web sites and professional and subscription services provide
market and price information regarding the euro and the yen. Current
spot prices are also generally available from foreign exchange dealers.
    The value of each Underlying Benchmark will be updated intra-day on
a real time basis as its components change in price.
Dissemination of Net Asset Value and Indicative Value
    The Administrator calculates and disseminates, once each trading
day, the NAV per Share to market participants. The Amex Proposal
represents that the Amex will obtain a representation (prior to listing
of the Funds) from the Trust that the NAV per Share will be calculated
daily and made available to all market participants at the same time.
In addition, the Administrator causes to be made available on a daily
basis the corresponding Cash Deposit Amounts to be deposited in
connection with the issuance of the respective Shares.
    In order to provide updated information relating to the Fund for
use by investors, professionals and persons wishing to create or redeem
the Shares, the Amex will disseminate an updated Indicative Value. The
Indicative Value will be disseminated on a per Share basis at least
every 15 seconds during regular Amex trading hours of 9:30 a.m. to 4
p.m. ET. The Indicative Value will be calculated based on the cash
required for creations and redemptions for a Fund adjusted to reflect
the price changes of the Financial Instruments.
Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Trading in the Shares
on the Exchange will occur in accordance with NYSE Arca Equities Rule
7.34(a). The Exchange has appropriate rules to facilitate transactions
in the Shares during this time. The minimum trading increment for
Shares on the Exchange will be $0.01.
    Further, NYSE Arca Equities Rule 8.200, Commentary .02 sets forth
certain restrictions on equity trading permit holders (``ETP Holders'')
acting as registered Market Makers in Trust Issued Receipts to
facilitate surveillance. Rule 8.200, Commentary .02(e)(3) requires that
the ETP Holder acting as a registered Market Maker in the Shares
provide the Exchange with information relating to its trading in the
applicable physical asset or commodity, related futures or options on
futures, or any other related derivatives as may be requested. NYSE
Arca Equities Rule 8.200, Commentary .02(e)(4) prohibits the ETP Holder
acting as a registered Market Maker in the Shares from using any
material nonpublic information received from any person associated with
an ETP Holder or employee of such person regarding trading by such
person or employee in the applicable underlying physical asset or
commodity, related futures or options on futures, or any other related
derivative (including the TIRs). In addition, NYSE Arca Equities Rule
8.200, Commentary .02(e)(1) prohibits the ETP Holder acting as a
registered Market Maker in the Shares from being affiliated with a
market maker in the applicable physical asset or commodity, related
futures or any other related derivatives unless adequate information
barriers are in place, as provided in NYSE Arca Equities Rule 7.26.
    As a general matter, the Exchange has regulatory jurisdiction over
its ETP Holders and any person or entity controlling an ETP Holder. The
Exchange also has regulatory jurisdiction over a subsidiary or
affiliate of an ETP Holder that is in the securities business. A
subsidiary or affiliate of an ETP Holder that does business only in
commodities or futures contracts would not be subject to Exchange
jurisdiction, but the Exchange could obtain certain information
regarding the activities of such subsidiary or affiliate through
surveillance sharing agreements with regulatory organizations of which
such subsidiary or affiliate is a member.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products, including TIRs, to
monitor trading in the Shares. The Exchange represents that these
procedures are adequate to properly monitor Exchange trading of the
Shares in all trading sessions and to deter and detect violations of
Exchange rules and applicable federal securities laws.
    The Exchange's current trading surveillances focus on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations. The Exchange is able to
obtain information regarding trading in the Shares, and certain of the
Financial Instruments held by TIRs including securities, options on
securities and indices, commodities, futures contracts, and options on
futures contracts, through ETP Holders, in connection with such ETP
Holders' proprietary or customer trades which they effect on any
relevant market. The Exchange currently has in place comprehensive
surveillance sharing agreements with ICE, LME and NYMEX for the purpose
of providing information in connection with trading in or related to
futures contracts traded on their

respective exchanges comprising the Underlying Benchmarks. The Exchange
also notes that CBOT, CME and NYBOT are members of the Intermarket
Surveillance Group (``ISG'').
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Shares, including risks inherent
with trading the Shares during the Opening and Late Trading Sessions
when the updated Indicative Value is not calculated and disseminated
and suitability recommendation requirements.
    Specifically, the Information Bulletin will discuss the following:
(1) The procedures for purchases and redemptions of Shares in Baskets;
(2) NYSE Arca Equities Rule 9.2(a),\12\ which imposes a duty of due
diligence on its ETP Holders to learn the essential facts relating to
every customer prior to trading the Shares; (3) how information
regarding the Indicative Value is disseminated; (4) the requirement
that ETP Holders deliver a prospectus to investors purchasing newly
issued Shares prior to or concurrently with the confirmation of a
transaction; and (5) trading information. For example, the Information
Bulletin will advise ETP Holders, prior to the commencement of trading,
of the prospectus delivery requirements applicable to the Trust. The
Exchange notes that investors purchasing Shares directly from the Funds
(by delivery of the Basket Amount) will receive a prospectus. ETP
Holders purchasing Shares from the Trust for resale to investors will
deliver a prospectus to such investors.
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    \12\ NYSE Arca Equities Rule 9.2(a) (``Diligence as to
Accounts'') provides that ETP Holders, before recommending a
transaction, must have reasonable grounds to believe that the
recommendation is suitable for the customer based on any facts
disclosed by the customer as to his other security holdings and as
to his financial situation and needs. Further, the proposed rule
amendment provides, with a limited exception, that prior to the
execution of a transaction recommended to a non-institutional
customer, the ETP Holders shall make reasonable efforts to obtain
information concerning the customer's financial status, tax status,
investment objectives, and any other information that they believe
would be useful to make a recommendation. See Securities Exchange
Act Release No. 54045 (June 26, 2006), 71 FR 37971 (July 3, 2006)
(SR-PCX-2005-115).
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    In addition, the Information Bulletin will reference that the Trust
is subject to various fees and expenses described in each Fund's
Registration Statement. The Information Bulletin will also reference
the fact that there is no regulated source of last sale information
regarding physical commodities, that the Commission has no jurisdiction
over the trading of physical commodities or the futures contracts on
which the value of the Shares is based.
Trading Halts
    The Exchange represents that it will cease trading the Shares of
the Funds if the listing market stops trading the Shares because of a
regulatory halt similar to a halt based on NYSE Arca Equities Rule
7.12. UTP trading in the Shares will also be governed by the trading
halt provisions of NYSE Arca Equities Rule 7.34, relating to temporary
interruptions in the calculation or wide dissemination of the
Indicative Value or the value of the underlying index, as applicable.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which trading is not occurring in the underlying securities; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.
    If the Exchange becomes aware that the NAV for a Fund is not
disseminated to all market participants at the same time, it will halt
trading until such time as the NAV is available to all market
participants.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Exchange Act \13\ in general and furthers the objectives of Section
6(b)(5) \14\ 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 regulating, clearing, settling, processing
information with respect to, and facilitating transaction in
securities, and, in general to protect investors and the public
interest. The Exchange believes that the proposal will facilitate the
listing and trading of additional types of commodity and currency-based
investments that will enhance competition among market participants, to
the benefit of investors and the marketplace.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    In addition, the proposed rule change is consistent with Rule 12f-5
under the Exchange Act \15\ because it deems the Shares to be equity
securities, thus rendering the Shares subject to the Exchange's rules
governing the trading of equity securities.
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    \15\ 17 CFR 240.12f-5.
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B. Self Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \16\ and Rule 19b-4(f)(6) thereunder.\17\
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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\18\
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    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ Rule 19b-4(f)(6) also requires the Exchange to give the
Commission written notice of its intent to file the proposed rule
change along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied the pre-filing requirement.
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    The Exchange has asked the Commission to waive the 30-day operative
delay, provided that the proposed rule change will not be operative
prior to the Commission approval of the Amex Proposal. The Exchange
believes the waiver of this period is necessary to permit the Exchange
to begin trading the Shares at the time trading in the Shares begins on
the Amex. The Commission believes such waiver is consistent with the
protection of investors and the public interest because the Exchange's
proposal is nearly identical to the Amex Proposal, which has been
subject to a full notice-and-comment period and

approved by the Commission.\19\ The Exchange's proposal raises no novel
or substantial issues and should benefit investors by creating, without
undue delay, additional competition in the market for the Shares. For
these reasons, the Commission designates the proposal to be operative
simultaneous with the Amex Proposal.\20\
---------------------------------------------------------------------------

    \19\ See supra note 6.
    \20\ For purposes only of waiving this designation, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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 e-mail to<EMAIL_ADDRESS>Please include File
Number SR-NYSEArca-2008-73 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2008-73. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. 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-NYSEArca-2008-73 and should
be submitted on or before August 11, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-16592 Filed 7-18-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Rules and Regulations]
[Pages 65675-65677]
[FR Doc No: 2022-23369]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0245; Airspace Docket No. 21-AAL-8]
RIN 2120-AA66

Amendment to VOR Federal Airway V-436 and Jet Route J-125, and
Establishment of United States Area Navigation Route T-399 in the
Vicinity of Clear, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Alaskan VHF Omnidirectional Range (VOR)
Federal airway V-436 and Jet route J-125, and establishes United States
Area Navigation (RNAV) route T-399 in the vicinity of Clear, AK. These
Air Traffic Service (ATS) route actions are necessary due to the
amendment of restricted area R-2206 and the establishment of new
restricted areas in the vicinity of Clear, AK.

DATES: Effective date 0901 UTC, December 29, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with

prescribing regulations to assign the use of the airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it modifies the ATS
route structure in central Alaska to maintain the efficient flow of air
traffic within the National Airspace System.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA 2021-0245 in the Federal Register (86 FR 17553; April 5, 2021),
amending Alaskan VOR Federal airway V-436 and Jet route J-125, and
establishing RNAV route T-399 in the vicinity of Clear, AK. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal. No comments were received.
    Alaskan VOR Federal airways are published in paragraph 6010(b), Jet
Routes are published in paragraph 2004, and United States Area
Navigation Routes (T-routes) are published in paragraph 6011 of FAA
Order JO 7400.11G, dated August 19, 2022, and effective September 15,
2022, which is incorporated by reference in 14 CFR 71.1. The ATS routes
listed in this document will be published subsequently in FAA Order JO
7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by amending Alaskan VOR Federal
airway V-436 and Jet route J-125, and establishing RNAV route T-399.
The expansion of restricted airspace in the vicinity of Clear, AK,
makes this action necessary. The ATS route actions are described below.
    V-436: V-436 extends between the Anchorage, AK (ANC), VHF
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) and the
Deadhorse, AK (SCC), VOR/DME. This action removes the airway segment
between the Talkeetna, AK (TKA), VOR/DME and the Nenana, AK (ENN), VHF
Omnidirectional Range/Tactical Air Navigation (VORTAC) and replaces the
removed airway segment with an airway segment that extends between the
Talkeetna, AK (TKA), VOR/DME; the AILEE, AK, waypoint (WP); and the
Fairbanks, AK (FAI), VORTAC. As amended, V-436 will extend between the
Anchorage, AK, VOR/DME and the Fairbanks, AK, VORTAC.
    J-125: J-125 extends between the Kodiak, AK (ODK), VOR/DME and the
Nenana, AK (ENN), VORTAC. This action removes the route segment between
the Anchorage, AK (ANC), VOR/DME and the Nenana, AK (ENN), VORTAC in
order to avoid the amended and new restricted areas over Clear, AK. As
amended, the route is changed and extends between the Kodiak, AK, VOR/
DME and the Anchorage, AK, VOR/DME.
    T-399: T-399 is a new RNAV route that extends between the
Talkeetna, AK (TKA), VOR/DME and the Nenana, AK (ENN), VORTAC over the
AILEE, AK; PAWWW, AK; and SEAHK, AK, WPs.
    All navigational aid radials listed in the Alaskan VOR Federal
airway description below are unchanged and stated in True degrees.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of amending
Alaskan VOR Federal airway V-436 and Jet Route J-125, and establishing
RNAV route T-399 in the vicinity of Clear, AK, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5k, which categorically excludes publication
of existing air traffic control procedures that do not essentially
change existing tracks, create new tracks, change altitude, or change
concentration of aircraft on these tracks. As such, this action is not
expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p.389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6010(b) Alaskan VOR Federal Airways.

* * * * *

V-436 [Amended]

    From Anchorage, AK; INT Anchorage 335[deg] and Talkeetna, AK,
195[deg] radials; Talkeetna; Talkeetna 011[deg] and Fairbanks, AK,
210[deg] radials; to Fairbanks.
* * * * *

Paragraph 2004 Jet Routes.

* * * * *

J-125 [Amended]

    From Kodiak, AK; to Anchorage, AK.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-399 Talkeetna, AK (TKA) to Nenana, AK (ENN) [New]

Talkeetna, AK (TKA)           VOR/DME             (Lat. 62[deg]17'54.16'' N, long. 150[deg]06'18.90'' W)
AILEE, AK                     WP                  (Lat. 63[deg]36'00.04'' N, long. 149[deg]32'23.46'' W)
PAWWW, AK                     WP                  (Lat. 63[deg]58'06.62'' N, long. 149[deg]35'19.10'' W)
SEAHK, AK                     WP                  (Lat. 64[deg]22'38.93'' N, long. 149[deg]32'37.92'' W)
Nenana, AK (ENN)              VORTAC              (Lat. 64[deg]35'24.04'' N, long. 149[deg]04'22.34'' W)

* * * * *

    Issued in Washington, DC, on October 21, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-23369 Filed 10-31-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Rules and Regulations]
[Pages 6671-6673]
[FR Doc No: 2012-2896]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0547; Directorate Identifier 2011-NE-13-AD;
Amendment 39-16947; AD 2012-03-06]
RIN 2120-AA64

Airworthiness Directives; Superior Air Parts, Lycoming Engines
(Formerly Textron Lycoming), and Continental Motors, Inc., Fuel-
Injected Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for Superior Air Parts and Lycoming Engines fuel-injected reciprocating
engines. That AD currently requires removing AVStar Fuel Systems, Inc.
(AFS) fuel servos installed after May 20, 2010, if the servo contained
an AFS diaphragm, part number (P/N) AV2541801 or P/N AV2541803, from
certain production lots. This AD expands the applicability, and changes
the compliance interval for all affected Superior Air Parts, Lycoming
Engines, and Continental Motors, Inc., fuel-injected reciprocating
engines. This AD was prompted by an accident involving a Piper PA32R-
301 airplane, and by the discovery of additional engines being affected
by the unsafe condition since we issued the existing AD. We are issuing
this AD to prevent an in-flight engine shutdown due to a failed fuel
servo diaphragm, and damage to the airplane.

DATES: This AD is effective February 24, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 16,
2011 (76 FR 45655, August 1, 2011).
    We must receive any comments on this AD by March 26, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact AVStar Fuel
Systems, Inc., 1365 Park Lane South, Jupiter, FL 33458; phone: (561)
575-1560; Web site: www.avstardirect.com. You may review copies of the
referenced service information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803. For
information on the availability of this material at the FAA, call (781)
238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kevin Brane, Aerospace Engineer,
Atlanta Certification Office, FAA, 1701 Columbia Avenue, College Park,
GA 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On July 13, 2011, we issued AD 2011-15-10, Amendment 39-16757 (76
FR 45655, August 1, 2011), for Superior Air Parts and Lycoming Engines
fuel-injected reciprocating engines. That AD requires, before further
flight, removing AFS fuel servos installed after May 20, 2010, if the
servo contained an AFS diaphragm, P/N AV2541801 or P/N AV2541803, from
certain production lots. That AD resulted from an accident involving a
Piper PA32R-301 airplane. We issued that AD to prevent an in-flight
engine shutdown due to a failed fuel servo diaphragm, and damage to the
airplane.

Actions Since AD Was Issued

    Since we issued AD 2011-15-10, Amendment 39-16757 (76 FR 45655,
August 1, 2011), five commenters made us aware of eight additional
engine models affected by the unsafe condition. We concur with the
commenters. Discussions with AFS as a result of the comments indicated
that the diaphragm problem extended to other reciprocating engines. AFS
also indicated that the problem diaphragms could be installed on other
unknown fuel injected engines. Therefore, we determined that we need to
change the applicability from a table of specific engine models, to all
Superior Air Parts, Lycoming Engines, and Continental Motors, Inc.,
fuel injected reciprocating engine models with an AFS fuel servo
diaphragm, P/N AV2541801 or P/N AV2541803, installed.
    Also since we issued AD 2011-15-10, Amendment 39-16757 (76 FR
45655, August 1, 2011), we relaxed the compliance from before further
flight to within 5 flight hours after the effective date of the AD.

Relevant Service Information

    We reviewed AFS Mandatory Service Bulletin (MSB) No. AFS-SB6,
Revision 2, dated April 6, 2011. The MSB provides P/Ns and serial
numbers (S/Ns) of affected servos.

FAA's Determination

    We conducted an updated risk analysis using the known number of
diaphragms potentially still in service and concluded that an
unacceptable risk of an in-flight engine shutdown still exists. We are
issuing this AD because we evaluated all the relevant information and
determined the unsafe condition described previously is likely to exist
or develop in other products of the same type design.

AD Requirements

    This AD requires within 5 flight hours after the effective date of
this AD, that you determine if an AFS fuel servo diaphragm P/N
AV2541801 or P/N AV2541803 from specific production lots, as identified
in AFS MSB No. AFS-SB6, Revision 2, dated April 6, 2011, was installed
in your fuel servo at any time after May 20, 2010, and if installed,
that you remove the fuel servo from service before further flight.
    This AD also replaces Table 1 of the existing AD with the statement
that this AD applies to all Superior Air Parts, Lycoming Engines, and
Continental Motors, Inc., fuel injected reciprocating engine models
with an AFS fuel servo diaphragm, P/N AV2541801 or P/N AV2541803,
installed.

Differences Between the AD and the Service Information

    AFS MSB No. AFS-SB6, Revision 2, dated April 6, 2011, does not
specify a compliance time and recommends limiting special flight
permits to delivery to a service location. This AD requires performing
the actions within 5 flight hours and prohibits special flight permits.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
the compliance requirement of 5 flight hours. Therefore, we find that
notice and opportunity for prior public comment are impracticable and
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
the docket number FAA-2011-0547 and directorate identifier 2011-NE-13-
AD at the beginning of your comments. We specifically invite comments
on the overall regulatory, economic, environmental, and energy aspects
of this AD. We will consider all comments received by the closing date
and may amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 61,000 engines installed on
aircraft of U.S. registry. We also estimate that it will take about 0.5
work-hour per engine to perform the inspection, 2.0 work-hours per
engine to remove the servo from 261 engines with a discrepant AFS
diaphragm, P/N AV2541801 or P/N AV2541803 installed, and that the
average labor rate is $85 per work-hour. We estimate the parts cost to
be $565 per servo. Based on these figures, we estimate the total cost
of the AD to U.S. operators to be $2,784,335.

Authority for This Rulemaking

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

Regulatory Findings

    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 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 part 39 of the Federal Aviation
Regulations (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)
2011-15-10, Amendment 39-16757 (76 FR 45655, August 1, 2011) and adding
the following new AD:

012-03-06 Superior Air Parts, Lycoming Engines (formerly Textron
Lycoming), and Continental Motors, Inc. (formerly Teledyne
Continental Motors, Continental) Fuel-Injected Reciprocating
Engines: Amendment 39-16947; Docket No. FAA-2011-0547; Directorate
Identifier 2011-NE-13-AD.

(a) Effective Date

    This AD is effective February 24, 2012.

(b) Affected ADs

    This AD supersedes AD 2011-15-10, Amendment 39-16757 (76 FR
45655, August 1, 2011).

(c) Applicability

    This AD applies to all Superior Air Parts, Lycoming Engines, and
Continental Motors, Inc., fuel injected reciprocating engine models
with an AVStar Fuel Systems, Inc. (AFS) fuel servo diaphragm, part
number (P/N) AV2541801 or P/N AV2541803, installed.

(d) Unsafe Condition

    This AD was prompted by an accident involving a Piper PA32R-301
airplane, and by the discovery of additional engines being affected
by the unsafe condition since we issued AD 2011-15-10, Amendment 39-
16757 (76 FR 45655, August 1, 2011). We are issuing this AD to
prevent an in-flight engine shutdown due to a failed fuel servo
diaphragm, and damage to the airplane.

(e) Compliance

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

(f) Remove Fuel Servo

    (1) Within 5 flight hours after the effective date of this AD,
determine if an AFS fuel servo diaphragm P/N AV2541801 or P/N
AV2541803, from an affected production lot was installed in your
fuel servo at any time after May 20, 2010. Use AFS Mandatory Service
Bulletin (MSB) No. AFS-SB6, Revision 2, dated April 6, 2011 to
determine if your fuel servo has an affected diaphragm. If you
determine that your fuel servo has an affected diaphragm, remove the
fuel servo from service before further flight.
    (2) After the effective date of this AD, do not install any fuel
servo containing an AFS fuel servo diaphragm, P/N AV2541801 or P/N
AV2541803 from the production lots listed in AFS MSB No. AFS-SB6,
Revision 2, dated April 6, 2011, into any airplane.

(g) Special Flight Permit

    Special flight permits are not authorized.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Atlanta Aircraft Certification Office, FAA, may
approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19
to make your request.

(i) Related Information

    For more information about this AD, contact Kevin Brane,
Aerospace Engineer, Atlanta Certification Office, FAA, 1701 Columbia
Avenue, College Park, GA 30337; phone:<PHONE_NUMBER>; fax: (404)
474-5606; email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) You must use AVStar Fuel Systems Mandatory Service Bulletin
No. AFS-SB6, Revision 2, dated April 6, 2011, to do the actions
required by this AD, unless the AD specifies otherwise.
    (2) The Director of the Federal Register approved the
incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR
part 51 on August 16, 2011.
    (3) For service information identified in this AD, contact
AVStar Fuel Systems, Inc., 1365 Park Lane South, Jupiter, FL 33458;
(561) 575-1560; Web site: www.avstardirect.com.
    (4) You may review copies of the service information at the FAA,
12 New England Executive Park, Burlington, MA 01803. For information
on the availability of this material at the FAA, call (781) 238-
7125.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Burlington, Massachusetts, on January 31, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2012-2896 Filed 2-8-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Rules and Regulations]
[Pages 79232-79235]
[FR Doc No: 2022-28090]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0465; Project Identifier AD-2022-00330-R;
Amendment 39-22288; AD 2022-27-03]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-20-10
for certain Leonardo S.p.a. Model AB139 and AW139 helicopters. AD 2021-
20-10 required removing from service a certain part-numbered main
gearbox (MGB) spherical bearing lock nut (lock nut) that is installed
on certain part-numbered MGBs and replacing it with a newly designed
MGB lock nut. AD 2021-20-10 also prohibited installing any MGB with the
affected MGB lock nut and prohibited installing any affected MGB lock
nut on any helicopter. Since the FAA issued AD 2021-20-10, it was
discovered that a part number (P/N) was incorrectly listed and that the
applicability needed to be clarified. This AD retains the requirements
of AD 2021-20-10 and clarifies the applicability. The FAA is issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective January 31, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 22,
2021 (86 FR 57574, October 18, 2021).

ADDRESSES: For service information identified in this final rule,
contact Leonardo S.p.a. Helicopters, Emanuele Bufano, Head of
Airworthiness, Viale G. Agusta 520, 21017 C. Costa di Samarate (Va)
Italy; telephone +39-0331-225074; fax +39-0331-229046; or at
customerportal.leonardocompany.com/en-US/. You may view this service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For
information on the availability of this material at the FAA, call (817)
222-5110. Service information that is incorporated by reference is also
available at regulations.gov by searching for and locating Docket No.
FAA-2022-0465.

Examining the AD Docket

    You may examine the AD docket at regulations.govby searching for
and locating Docket No. FAA-2022-0465; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this final rule, any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-20-10, Amendment 39-21748 (86 FR
57574, October 18, 2021) (AD 2021-20-10). AD 2021-20-10 applied to
Leonardo S.p.a. Model AB139 and AW139 helicopters, without MGB lock nut
P/N 3G6320A09152 installed and with MGB P/N 3G6320A00131, 3G6320A00132,
3G6320A00133, 3G6320A00134, 3G6320A00135, 3G6320A00136, 3G6320A22031,
4G6320A00132, or 4G6320A00133 installed; or MGB P/N 3G320A00133 with
serial number (S/N) M23 installed, or MGB P/N 3G6320A00134, with S/N
M6, N76, N92, P124, P129, P131, P162, P184, Q230, Q243, Q249, R272,
V21, V39, V96, V163, V211, V241, V272, V281, V384, V386, or V622
installed; or MGB P/N 3G6320A00136 with S/N AW1, AW2, AW3, AW5, or AW10
installed.
    AD 2021-20-10 required, within 100 hours time-in-service (TIS), or
during the next scheduled MGB overhaul, whichever occurs first after
the effective

date of the AD, removing a certain part-numbered MGB lock nut from
service and replacing it with a different part-numbered MGB lock nut.
AD 2021-20-10 also prohibited installing an MGB having an affected MGB
lock nut on any helicopter and also prohibited installing an affected
MGB lock nut on any helicopter as of the effective date of the AD.
    AD 2021-20-10 was prompted by a series of EASA ADs beginning with
EASA AD 2019-0036, dated February 15, 2019 (EASA AD 2019-0036), issued
by EASA, which is the Technical Agent for the Member States of the
European Union, to correct an unsafe condition for all serial-numbered
Leonardo S.p.a. Helicopters (formerly Finmeccanica S.p.A,
AgustaWestland S.p.A., Agusta S.p.A.; and AgustaWestland Philadelphia
Corporation, formerly Agusta Aerospace Corporation) Model AB139 and
AW139 helicopters. EASA advised that an occurrence was reported of a
cracked MGB lock nut P/N 3G6310A09151, which is used to keep the
planetary gears in position. EASA AD 2019-0036 required replacing each
MGB lock nut with an airworthy MGB lock nut. EASA advised this
condition, if not detected and corrected, could lead to failure of the
MGB planetary gears, resulting in loss of control of the helicopter.
    After EASA issued EASA AD 2019-0036, an additional occurrence was
reported of a cracked MGB lock nut P/N 3G6320A09151. Accordingly, EASA
superseded EASA AD 2019-0036 with EASA AD 2019-0174, dated July 18,
2019 (EASA AD 2019-0174), which retained the requirements of EASA AD
2019-0036 but reduced the compliance times. After EASA issued EASA AD
2019-0174, Leonardo Helicopters issued Alert Service Bulletin No. 139-
609, dated December 18, 2019, to provide instructions for replacing the
affected MGB lock nut with MGB lock nut P/N 3G6320A09152, which has a
redesigned flange reducing the stress at the bearing nut locations
where cracks were detected.
    Accordingly, EASA then issued EASA AD 2020-0011, dated January 29,
2020, and corrected January 30, 2020 (EASA AD 2020-0011), which
superseded EASA AD 2019-0174, and partially retained the requirements
of EASA AD 2019-0174. EASA AD 2020-0011 revised the compliance times in
EASA AD 2019-0174, required replacing each affected MGB lock nut with a
newly designed MGB lock nut, and prohibited installing an affected MGB
on any helicopter. After EASA issued EASA AD 2020-0011, EASA identified
certain MGB part numbers that were inadvertently categorized
incorrectly and therefore listed in the wrong group of helicopters.
Accordingly, EASA issued EASA AD 2020-0011R1, dated November 20, 2020
(EASA AD 2020-011R1), thereby revising EASA AD 2020-0011. EASA AD 2020-
0011R1 retained the requirements of EASA AD 2020-0011 and corrected
Appendix 1 of EASA AD 2020-0011.
    After EASA issued EASA AD 2020-0011R1, Leonardo Helicopters issued
Alert Service Bulletin No. 139-609, Revision A, dated April 13, 2021,
which identifies an additional part-numbered MGB, which is also
affected by the unsafe condition. Accordingly, EASA superseded EASA AD
2020-0011R1 with EASA AD 2021-0121, dated May 4, 2021 (EASA AD 2021-
0121). EASA AD 2021-0121 adds an additional part-numbered MGB with a
certain S/N to the list of affected parts. EASA AD 2021-0121 retains
the requirements of EASA AD 2020-0011R1, and corrects Table 1 and
Appendix 1 of EASA AD 2020-0011R1.
    Accordingly, EASA AD 2021-0121 requires replacing each affected MGB
lock nut with a newly designed MGB lock nut, and prohibits installing
an affected MGB on any helicopter.
    The NPRM published in the Federal Register on April 20, 2022 (87 FR
23477). The NPRM was prompted by the discovery that MGB P/N
3G6320A00133 was incorrectly listed as MGB P/N 3G320A00133 in both the
preamble and applicability paragraph of AD 2021-20-10. Also, the FAA
determined that all MGBs, regardless of S/N, are affected by the unsafe
condition. Therefore, the NPRM proposed to remove any reference to S/Ns
in the applicability. In addition, the NPRM included the total U.S.
fleet costs, which were inadvertently excluded in AD 2021-20-10. In the
NPRM, the FAA also proposed to retain all of the requirements of AD
2021-20-10.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from three commenters. The commenters
were Leonardo Helicopters, Bristow Group, and Chevron Aviation. All
commenters requested a change to the compliance time and two made a
statement concerning who can perform the service task. The following
presents the comments received on the NPRM and the FAA's response to
each comment.

Requests To Change the Compliance Time To Upgrade the MGB Lock Nuts

    All commenters referred to an FAA-approved global Alternative
Method of Compliance (AMOC) to AD 2021-20-10 and two commenters
requested that the FAA change the proposed AD's compliance time to
align with the global AMOC. The other commenter specifically requested
that the compliance time approved in the global AMOC of 28,000 landings
or during the next scheduled MGB overhaul be incorporated into the
compliance time of the proposed AD.
    The FAA agrees; however, instead of revising the Required Actions
paragraph, the FAA has revised the AMOC paragraph by allowing the AMOC
previously approved for AD 2021-20-10 as an approved AMOC for the
corresponding requirements in paragraph (g) of this AD.

Required Actions

    Two commenters noted that replacing the lock nut can only be
performed by Leonardo at the overhaul level, but requested no change to
the required actions of the proposed AD; the FAA, therefore, made no
changes in this regard.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting the AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes,
including correcting a part number in paragraph (g)(2) of the required
actions, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin No.
139-609, Revision A, dated April 13, 2021, which the Director of the
Federal Register approved for incorporation by reference as of November
22, 2021 (86 FR 57574, October 18, 2021).
    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.

Other Related Service Information

    The FAA also reviewed Leonardo Helicopters Alert Service Bulletin
No. 139-567, Revision B, dated October 18, 2019, which provides
additional

information for replacing the MGB lock nut.

Differences Between This AD and EASA AD 2021-0121

    EASA AD 2021-0121 requires a compliance time based on number of
landings, whereas this AD requires a compliance time based on hours
TIS. The service information referenced in EASA AD 2021-0121 requires
submitting certain information and parts to Leonardo, whereas this AD
does not. EASA AD 2021-0121 applies to all serial-numbered Model AB139
and AW139 helicopters, whereas this AD applies to all Model AB139 and
AW139 helicopters, regardless of S/N, with a certain part-numbered MGB
lock nut and MGB installed.

Costs of Compliance

    The FAA estimates that this AD affects 130 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Replacing each affected MGB lock nut with a newly designed MGB lock
nut takes about 190 work-hours (during next MGB overhaul) and parts
cost about $7,600 for an estimated cost of $23,750 per helicopter and
$3,087,500 for the U.S. fleet.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive 2021-20-10, Amendment 39-21748 (86
FR 57574, October 18, 2021); and
0
b. Adding the following new airworthiness directive:

2022-27-03 Leonardo S.p.a.: Amendment 39-22288; Docket No. FAA-2022-
0465; Project Identifier AD-2022-00330-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 31, 2023.

(b) Affected ADs

    This AD replaces AD 2021-20-10, Amendment 39-21748 (86 FR 57574,
October 18, 2021) (AD 2021-20-10).

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139
helicopters, certificated in any category, with a main rotor gearbox
(MGB) part number (P/N) 3G6320A00131, 3G6320A00132, 3G6320A00133,
3G6320A00134, 3G6320A00135, 3G6320A00136, 3G6320A22031,
4G6320A00132, or 4G6320A00133, and MGB spherical bearing lock nut
(lock nut) P/N 3G6320A09151 installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main Rotor
Gearbox.

(e) Unsafe Condition

    This AD was prompted by a cracked MGB lock nut. The FAA is
issuing this AD to replace an affected MGB lock nut with a new MGB
lock nut. The unsafe condition, if not addressed, could result in
failure of the MGB planetary gears, resulting in loss of control of
the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 100 hours time-in-service, or during the next
scheduled MGB overhaul, whichever occurs first after November 22,
2021 (the effective date of AD 2021-20-10), remove each MGB lock nut
P/N 3G6320A09151 from service and replace with MGB lock nut P/N
3G6320A09152 in accordance with Annex A, steps 1 through 17, of
Leonardo Helicopters Alert Service Bulletin No. 139-609, Revision A,
dated April 13, 2021, except you are not required to send parts to
Leonardo Helicopters.
    Note 1 to paragraph (g)(1): Leonardo Helicopters service
information refers to an MGB lock nut as a ring nut.
    (2) As of November 22, 2021 (the effective date of AD 2021-20-
10), do not install any MGB having MGB lock nut P/N 3G6320A09151 on
any helicopter, and do not install any MGB lock nut P/N 3G6320A09151
on any helicopter.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (j)(2) of
this AD. Information may be emailed to: [email protected].
    (2) 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.
    (3) AMOCs approved previously for AD 2021-20-10 are approved as
AMOCs for the corresponding requirements in paragraph (g) of this
AD.

(j) Related Information

    (1) Refer to EASA AD 2021-0121, dated May 4, 2021, for related
information. This EASA AD may be found in the AD docket at
regulations.gov under Docket No. FAA-2022-0465.
    (2) For more information about this AD, contact Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
November 22, 2021 (86 FR 57574, October 18, 2021).
    (i) Leonardo Helicopters Alert Service Bulletin No. 139-609,
Revision A, dated April 13, 2021.
    (ii) [Reserved]
    (4) For service information identified in this AD, contact
Leonardo S.p.a. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G. Agusta 520, 21017 C. Costa di Samarate (Va) Italy;
telephone +39-0331-225074; fax +39-0331-229046; or at
customerportal.leonardocompany.com/en-US/.
    (5) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (6) 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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-28090 Filed 12-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15163-15164]
[FR Doc No: 2020-05393]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL20-30-000]

Indiana Municipal Power Agency, City of Lawrenceburg, Indiana v.
PJM Interconnection, L.L.C., American Electric Power Service Corp.,
Lawrenceburg Power, LLC; Notice of Complaint

    Take notice that on March 9, 2020, pursuant to section 306 of the
Federal Power Act 16 U.S.C. 824e, and Rules 206 and 207 of the Federal
Energy Regulatory Commission's (Commission) Rules of Practice and
Procedure, 18 CFR 385.206 and 207, Indiana Municipal Power Agency and
the City of Lawrenceburg, Indiana (Complainants) filed a complaint
against PJM Interconnection, L.L.C., American Electric Power Service
Corp., and Lawrenceburg Power, LLC (Respondents). Complainants allege
that Respondents' conduct violates the rate regulatory structure of the
Federal Power Act and state and local retail rate authority, more fully
explained in the complaint.
    The Complainants certifies that copies of the complaint were served
on the contacts for the Respondents as listed on the Commission's list
of Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondents'
answer and all interventions, or protests must be filed on or before
the comment date. The Respondents' answer, motions to intervene, and
protests must be served on the Complainants'.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on March 30, 2020.

    Dated: March 10, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-05393 Filed 3-16-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Notices]
[Page 71473]
[FR Doc No: 2010-29595]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Monday, November
22, 2010 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, exemption 5 U.S.C. 552b(c)(10) and 17
CFR 200.402(a)(10), permit consideration of the scheduled matter at the
Closed Meeting.
    Commissioner Paredes, as duty officer, voted to consider the item
listed for the Closed Meeting in a closed session, and determined that
no earlier notice thereof was possible.
    The subject matter of the Closed Meeting scheduled for Monday,
November 22, 2010 will be:

Consideration of amicus participation.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting item.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: November 18, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-29595 Filed 11-19-10; 4:15 pm]
BILLING CODE 8011-01-P