[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Rules and Regulations]
[Pages 2371-2375]
[FR Doc No: 2014-00438]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

[Docket Number USCG-2013-1014]
RIN 1625-AA00

Anchorage Grounds and Safety Zone, Delaware River; Marcus Hook,
PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations in

support of the annual U.S. Army Corps of Engineers (USACE) dredging of
Marcus Hook Range in the Delaware River. Anchorage restrictions and a
safety zone affecting the Marcus Hook area of the Delaware River are in
place every year from September 1 through December 31. The dredging
operations taking place this year require the regulations to remain in
place through February 28, 2014. This final rule establishes temporary
regulations to extend the time that those regulations are in place.

DATES: This rule is effective without actual notice from January 14,
2014 until February 28, 2014. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, December 30,
2013, until January 14, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
number [USCG-2013-1014]. To view documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Veronica Smith, Chief Waterways Management,
Sector Delaware Bay, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and unnecessary.
Immediate action is necessary to provide for the safety of life and
property in the navigable water. Publishing an NPRM is impracticable
because the final details for the dredging operation were not received
by the Coast Guard until December 2, 2013 and there was insufficient
time to allow for a comment period. Publishing an NPRM is unnecessary
because very few members of the public will be affected by the
regulations established by this Final Rule. The regulations being
created are temporary and will only impact a small number of vessels in
a limited geographic area. Failure to establish these regulations may
present hazards to sessels transiting or attempting to transit Marcus
Hook Range and the adjacent anchorage during pipe-laying or dredging
operations. Delaying this rule to wait for a notice and comment period
to run would be contrary to the public interest as it would inhibit the
Coast Guard's ability to protect the public from the hazards associated
with pipe-laying and dredging operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds for the same
reasons described in the previous paragraph that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.

B. Basis and Purpose

    On July 15, 2005, the Coast Guard published a final rule entitled
``Anchorage Grounds and Safety Zone; Delaware River'' in the Federal
Register (70 FR 40885). This rule established regulations for the
annual dredging operations that take place in the Marcus Hook Range
from September 1 through December 31. To reduce the hazards associated
with the dredging operations, vessel traffic that normally transits
through the Marcus Hook Range is diverted through part of Anchorage 7
during dredging operations. As a result, the rule places additional
requirements and restrictions on the use of Anchorage 7 and Anchorage
6. In addition, a permanent safety zone was placed in waters within a
150 yard radius around vessels engaged in dredging operations. Norfolk
Dredging Company has been hired by the Army Corps of Engineers to
conduct the annual dredging in Marcus Hook Range. This year, dredging
operations began on December 10, 2013, which is later in the year than
previous dredging operations. This has made it necessary to extend the
effective period of the existing regulations to ensure the safety of
mariners transiting the area from the potential hazards associated with
pipe laying and dredging operations.

C. Discussion of the Temporary Final Rule

    The Captain of the Port Sector Delaware Bay is extending the
effective period of the regulations found in 33 CFR 165.555 and 33 CFR
110.157 for the duration of the dredging operation in Marcus Hook
Range. These regulations will be in effect until February 28, 2014,
unless cancelled earlier by the Captain of the Port. The safety zone
being established will include waters within a 150 yard radius of the
dredge performing the dredging operations. Vessels transiting the
Marcus Hook Range will have to divert from the main ship channel
through Anchorage 7 and must operate at the minimum safe speed
necessary to maintain steerage and reduce wake. Entry into, transiting,
or anchoring within the safety zone is prohibited unless authorized by
the Captain of the Port, Sector Delaware Bay, or her on-scene
representative. Certain requirements will also be in place for vessels
using the affected anchorages. During the effective period, vessels
desiring to use Marcus Hook Anchorage (Anchorage 7), must obtain
permission from the Captain of the Port Sector Delaware Bay at least 24
hours in advance. The Captain of the Port will permit only one vessel
at a time to anchor in Anchorage 7 and will grant permission on a
``first come, first served'' basis. That vessel will be directed to a
location within Anchorage 7 where it may anchor for a period not to
exceed 12 hours. Vessels normally permitted to anchor in Anchorage 7
will be expected to use the next closest anchorage grounds, Anchorage 6
off Deepwater Point or Anchorage 9 near the entrance to Mantua Creek.
To control access to Anchorages 6 and 9, the Coast Guard requires that
any vessel 700 feet or greater in length to obtain advance notice from
the Captain of the Port before anchoring. Any vessel 700 to 750 feet in
length is required to have one tug standing alongside while at anchor
and any vessel over 750 feet in length will require two tugs standing
alongside. Any tug being utilized for this purpose must have sufficient
horsepower to assist with necessary maneuvers to keep the vessel clear
of the navigational channel. The Captain of the Port, Sector Delaware
Bay, or her on-scene representative may be contacted via VHF channel
16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard does not anticipate any significant economic impact
because the safety zone will be enforced in an area and in a manner
that does not conflict with transiting commercial and recreational
traffic since vessels will be able to pass through Anchorage 7. During
the enforcement period, vessels may request permission to transit
through the safety zone. Permission may be granted by the Captain of
the Port on a case-by-case basis. The operator of any vessel in the
safety zone shall proceed as directed by the designated representative
of the Captain of the Port and shall contact the Dredge ESSEX on VHF
channel 13 or 16 at least 30 minutes prior to arrival for passing
information.
    Although this regulation requires certain vessels to have one or
two tugs alongside while at anchor, the requirement only applies to
vessels 700 feet or greater in length that choose to anchor in
Anchorages 6 and 9. Alternate anchorage grounds such as Anchorage A off
the entrance to the Mispillion River and Anchorage 1 (Bombay Hook) off
Bombay Hook Point in Delaware Bay, are reasonably close and generally
available.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities:
    (1) This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to operate, transit, or anchor in Anchorage 7 from January 1, 2014
until February 28, 2014 unless cancelled earlier by the Captain of the
Port.
    (2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: This
rule will only be enforced for a short period of time. In the event
that this temporary safety zone affects shipping, commercial vessels
may request permission from the Captain of the Port, Sector Delaware
Bay, to transit through the safety zone. Before activation of the zone,
we will give notice to the public via a Broadcast Notice to Mariners
that the regulation is in effect.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and

responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves anchorages and safety zones on the
navigable waters of the United States under 33 CFR Parts 110 and 165.
This zone will temporarily restrict vessel traffic from transiting
through a portion of Marcus Hook Range in order to protect the safety
of life and property on the waters while submerged dredge pipe-laying
and dredging operations are conducted. This rule is categorically
excluded from further review under paragraphs 34(f) and 34(g) of Figure
2-1 of the Commandant Instruction. A checklist and categorical
exclusion determination are available in the docket. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects

33 CFR Part 110

    Anchorage Grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035, and
2071; Department of Homeland Security Delegation No. 0170.1 and 33
CFR 1.05-1(g).

0
2. Add temporary paragraph (b)(12) to Sec.  110.157 to read as follows:

Sec.  110.157  Delaware Bay and River.

* * * * *
    (b) * * *
    (12) From January 1, 2014 until February 28, 2014, additional
requirements and restrictions in this paragraph for the use of
anchorages defined in paragraphs (a)(7), (a)(8), and (a)(10) of this
section apply.
    (i) Before anchoring in Anchorage 7 off Marcus Hook, as described
in paragraph (a)(8) of this section, a vessel must first obtain
permission from the Captain of the Port, Philadelphia, at least 24
hours in advance of arrival. Permission to anchor will be granted on a
``first-come, first-served'' basis. The Fifth Coast Guard District
Commander will allow only one vessel at a time to be at anchor in
Anchorage 7, and no vessel may remain within Anchorage 7 for more than
12 hours. Any vessel arriving from or departing to sea that requires an
examination by the public health service, customs or immigration
authorities will be directed to an anchorage for the required
inspection by the Captain of the Port on a case-by-case basis.
    (ii) For Anchorage 6 off Deepwater Point, as described in paragraph
(a)(7) of this section, and Anchorage 9 as described in paragraph
(a)(10) of this section.
    (A) Any vessel 700 feet or greater in length requesting anchorage
shall obtain permission from the Captain of the Port, Philadelphia,
Pennsylvania, at least 24 hours in advance.
    (B) Any vessel from 700 to 750 feet in length shall have one tug
alongside at all times while the vessel is at anchor.
    (C) Any vessel greater than 750 feet in length shall have two tugs
alongside at all times while the vessel is at anchor.
    (D) The Master, owner or operator of a vessel at anchor shall
ensure that any tug required by this section is of sufficient
horsepower to assist with necessary maneuvers to keep the vessel clear
of the navigation channel.
    (iii) As used in this section, Captain of the Port means the
Commander of Sector Delaware Bay or any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port to act on his behalf. The Captain of the Port may be contacted by
telephone at<PHONE_NUMBER> or via VHF marine band radio, channel 16.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
4. Add temporary Sec.  165.T05-1014, to read as follows:

Sec.  165.T05-1014  Safety Zone, Delaware River.

    (a) Regulated Area. The following area is a safety zone: All waters
located within a 150 yard radius around the dredging operation and
barge, conducting dredging operations in or near the vicinity of
Anchorage 7.
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this section, Sec.
165.T05-1014.
    (1) All persons and vessels are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port or her
designated representative.
    (2) All persons or vessels wishing to transit through the safety
zone must request authorization to do so from the Captain of the Port
or her designated representative one hour prior to the intended time of
transit.
    (3) Vessels granted permission to transit through the Safety Zone
must do so in accordance with the directions provided by the Captain of
the Port or her designated representative.
    (4) To seek permission to transit this safety zone, the Captain of
the Port or her designated representative can be contacted via Sector
Delaware Bay Command Center<PHONE_NUMBER> or VHF channel 16. Vessels
should contact the Dredge ESSEX on VHF channel 13 or 16 at least 30
minutes prior to arrival for passing information.
    (5) This section applies to all vessels wishing to transit through
the safety zone except vessels that are engaged in the following
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (6) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
    (7) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
    (8) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
    (9) No person may take or place any article or thing upon any
waterfront

facility in a safety zone without the permission of the Captain of the
Port.
    (c) Definitions. (1) Captain of the Port means the Commander, Coast
Guard Sector Delaware Bay, or any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on her behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port Delaware Bay to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State, and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced from January
1, 2014 until February 28, 2014 unless cancelled earlier by the Captain
of the Port.

    Dated: December 30, 2013.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2014-00438 Filed 1-13-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 11, 2010 (Volume 75, Number 90)]
[Notices]
[Page 26343]
[DOCID:fr11my10-155]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Request for Expedited Certification and Type Approval of Amtrak
Advanced Civil Speed Enforcement System (ACSES)

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for expedited certification and type approval
of the Amtrak ACSES. ACSES has been deployed on the Northeast Corridor
since December 2000, in accordance with the FRA Final Order of
Particular Applicability issued on July 22, 1998 [FRA Docket No. 87-2,
Notice No.7]. The request is described below, including the party
seeking certification and type approval of ACSES, the regulatory
provisions involved, the nature of the request, and the petitioner's
arguments in favor of the request.

National Railroad Passenger Corporation

[Docket Number FRA-2010-0029]

    The National Railroad Passenger Corporation (Amtrak) is submitting
a request for expedited certification and type approval of ACSES,
presently installed on the Northeast Corridor, in fulfillment of the
requirements of and compliance with the final rule for Positive Train
Control systems per 49 CFR part 236, subpart I (specifically, Section
236.1031). The documentation supporting this request demonstrates that
ACSES reliably performs the functionalities required by Sections
236.1005 and 236.1007, and therefore conforms to Subpart I. Also, ACSES
has been recognized by FRA as being designed and implemented by Amtrak
since December 2000, in full accordance with the FRA Final Order of
Particular Applicability issued in July 1998. These conditions
constitute a legitimate basis for expedited certification and type
approval of ACSES.
    Submission of the request does not require the establishment of a
formal comment period; however, interested parties may submit their
views, data, or comments by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received during the review process of this request
will be considered by FRA, to the extent practicable, before the final
decision is made. All written communications concerning these
proceedings are available for examination during regular business hours
(9 a.m.-5 p.m.) at the above facility. All documents in the public
docket are also available for inspection and copying on the Internet at
the docket facility's Web site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on May 4, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 2010-11030 Filed 5-10-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: January 16, 2007 (Volume 72, Number 9)]
[
Notices]
[Page 1722]
[DOCID:fr16ja07-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD07-7-000]

Conference on Competition in Wholesale Power Markets; Notice of
Conference

January 9, 2007.
    Take notice that on February 27, 2007, the first in a series of
conferences will be held at the Federal Energy Regulatory Commission
(Commission) to examine the state of competition in wholesale power
markets. The first conference will be held from 9 a.m. to 4 pm (EST) at
the Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in the Commission Meeting Room. All interested
persons are invited to attend. A further notice with a detailed agenda
will be issued in advance of the conference.
    A free webcast of this event will be available through http://
www.ferc.gov.
 Anyone with Internet access who desires to view this

event can do so by navigating to http://www.ferc.gov's Calendar of Events and

locating this event in the Calendar. The event will contain a link to
its webcast. The Capitol Connection provides technical support for the
free webcasts. It also offers access to this event via television in
the DC area and via phone bridge for a fee. If you have any questions,
visit http://www.CapitolConnection.org or contact Danelle Perkowski or

David Reininger at<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about this conference, please contact: Moon
Paul, Esq., Office of the General Counsel--Energy Markets, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.<PHONE_NUMBER><EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
 [FR Doc. E7-449 Filed 1-12-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Rules and Regulations]
[Pages 12413-12419]
[FR Doc No: 2016-04577]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0529; Directorate Identifier 2013-NM-260-AD;
Amendment 39-18420; AD 2016-05-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2011-13-11 and
AD 2013-16-09 for all Airbus Model A318, A319, A320, and A321 series
airplanes. AD 2011-13-11 required an amendment of the airplane flight
manual (AFM), repetitive checks of specific centralized fault display
system (CFDS) messages, an inspection of the opening sequence of the
main landing gear (MLG) door for discrepancies if certain messages are
found, and corrective actions if necessary. AD 2013-16-09 required an
inspection to determine airplane configuration and part numbers of the
landing gear control interface unit and MLG door actuators; and, for
affected airplanes, repetitive inspections of the opening sequence of
the MLG door, and replacement of the MLG door actuator if necessary. AD
2013-16-09 also provided optional terminating action for the repetitive
inspections. This new AD reduces the interval of the MLG door opening
sequence inspection, requires replacing or modifying certain MLG door
actuators, and also requires a flushing procedure to be performed when
installing a new MLG door actuator. This AD was prompted by a
determination that the interval of the MLG door opening sequence
inspection must be reduced. We are issuing this AD to detect and
correct deterioration of the damping ring and associated retaining ring
of the MLG door actuator, which can sufficiently increase the friction
inside the actuator to restrict opening of

the MLG door by gravity, during operation of the landing gear alternate
(free-fall) extension system. This condition could prevent the full
extension and/or down-locking of the MLG, possibly resulting in MLG
collapse during landing and consequent damage to the airplane and
injury to occupants.

DATES: This AD becomes effective April 13, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 13,
2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of August
23, 2013 (78 FR 48286, August 8, 2013).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of July
12, 2011 (76 FR 37241, June 27, 2011).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of April
27, 2007 (72 FR 13681, March 23, 2007).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0529; or in person at the
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.
    For Airbus service information identified in this final rule,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet
http://www.airbus.com. For General Elec tric service information
identified in this final rule, contact GE Aviation, Customer Support
Center, 1 Neumann Way, Cincinnati, OH 45215; phone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet: http://www.geaviation.com. You may
view this referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2014-0529.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede AD 2011-13-11, Amendment 39-16734 (76
FR 37241, June 27, 2011) (``AD 2011-13-11''); and AD 2013-16-09,
Amendment 39-17547 (78 FR 48286, August 8, 2013) (``AD 2013-16-09'').
AD 2011-13-11 and AD 2013-16-09 applied to all Airbus Model A318, A319,
A320, and A321 series airplanes. The SNPRM published in the Federal
Register on September 22, 2015 (80 FR 57122). We preceded the SNPRM
with a notice of proposed rulemaking (NPRM) that published in the
Federal Register on August 13, 2014 (79 FR 47395; corrected August 27,
2014 (79 FR 51117)) (``the NPRM''). The NPRM was prompted by a
determination that the interval of the MLG door opening sequence
inspection must be reduced. The NPRM proposed to continue to require an
amendment of the AFM; repetitive checks of specific CFDS messages; an
inspection of the opening sequence of the MLG door for discrepancies if
certain messages are found, and corrective actions if necessary; an
inspection to determine airplane configuration and part numbers of the
landing gear control interface unit and MLG door actuators; and, for
affected airplanes, repetitive inspections of the opening sequence of
the MLG door, and replacement of the MLG door actuator if necessary;
and optional terminating action for the repetitive inspections. The
SNPRM proposed to require a flushing procedure to be performed when
installing a new MLG door actuator. We are issuing this AD to detect
and correct deterioration of the damping ring and associated retaining
ring of the MLG door actuator, which can sufficiently increase the
friction inside the actuator to restrict opening of the MLG door by
gravity, during operation of the landing gear alternate (free-fall)
extension system. This condition could prevent the full extension and/
or down-locking of the MLG and consequent MLG collapse during landing
and damage to the airplane and injury to occupants.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0221, dated September 30, 2014 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on all Airbus Model A318,
A319, A320, and A321 series airplanes. The MCAI states:

    Some operators reported slow operation of the main landing gear
(MLG) door opening/closing sequence, leading to the generation of
[electronic centralized aircraft monitor] ECAM warnings during the
landing gear retraction or extension sequence.
    Investigations showed that the damping ring and associated
retaining ring of the MLG door actuator may deteriorate. The
resultant debris increases the friction inside the actuator which
can be sufficiently high to restrict opening of the MLG door by
gravity, during operation of the landing gear alternate (freefall)
extension system.
    This condition, if not corrected, could prevent the full
extension and/or down locking of the MLG, possibly resulting in MLG
collapse during landing or rollout and consequent damage to the
aeroplane and injury to occupants.
    [An EASA AD] was issued [and later revised] to require
repetitive inspections of the opening sequence of the MLG door in
order to identify the affected actuators, and to introduce as an
optional terminating action Airbus production Modification (mod)
38274 and associated [Airbus] Service Bulletin (SB) A320-32-1338,
which incorporate an improved retaining ring, located on the piston
rod's extension end, and a new piston rod with machined shoulder to
accommodate the thicker section of the modified retaining ring.
    After in-service introduction of the new MLG door actuator, Part
Number (P/N) 114122012 (Post-mod 38274--SB A320-32-1338), several
operators reported failures of internal parts of the MLG door
actuator. Investigations confirmed that these failures could result
in slow extension of the actuator rod, delaying the MLG door
operation, or possibly stopping just before the end of the stroke,
preventing the door to reach the fully open position.
    [An EASA AD], which superseded EASA AD 2006-0112R1 [http://ad.easa.europa.eu/blob/easa_ad_2006_0112_R1_superseded.pdf/AD_2006-0112R1_1], was issued [and later revised] to require amendment of
the applicable Airplane Flight Manual (AFM), repetitive checks of
specific Centralized Fault Display System (CFDS) messages,
repetitive inspections of the opening sequence of the MLG door
actuator and, depending on findings, corrective action(s).
    Since EASA AD 2011-0069R1 [http://ad.easa.europa.eu/blob/easa_ad_2011_0069_R1_superseded.pdf/AD_2011-0069R1_1] was issued,
Airbus introduced a reinforced MLG door actuator P/N 114122014 (mod
153655). Airbus issued SB A320-32-1407 containing instructions for
in-service replacement of the affected MLG door actuators, or
modification of the actuators to the new standard.
    In addition, following a recent occurrence with a gear extension
problem, the result of additional analyses by Airbus revealed that
the CFDS expected specific messages may

not be generated and as a result, repetitive checks of messages are
not effective for aeroplanes fitted with landing gear control
interface unit (LGCIU) interlink communication ARINC 429 (applied in
production through Airbus mod 39303, or in service through Airbus SB
A320-32-1409), in combination with LGCIUs 80-178-02-88012 or 80-178-
03-88013 in both positions and at least one MLG door actuator pre-
mod 153655 (pre-Airbus SB A320-32-1407--pre-GE SB 114122-32-105)
installed.
    Prompted by these findings, EASA issued Emergency AD 2013-0132-E
[http://ad.easa.europa.eu/blob/easa_ad_2013_0132_E_superseded.pdf/EAD_2013-0132-E_1] [which corresponds to FAA AD 2013-16-09] to
require identification of the affected aeroplanes to establish the
configuration and, for those aeroplanes, repetitive inspections of
the opening sequence of the MLG door actuator and, depending on
findings, replacement of the MLG door actuator. That [EASA] AD also
provided an optional terminating action by disconnection of the
interlink for certain LGCIUs, or in-service modification of the
aeroplane through Airbus SB A320-32-1407 (equivalent to Airbus
production mod 153655).
    Since those ADs (EASA AD 2011-0069R1 and EASA AD 2013-0132-E)
were issued, analyses performed by Airbus have revealed that the MLG
door opening sequence inspection interval needed to be reduced, and
that the (previously optional) terminating action needed to be made
mandatory.
    Prompted by these findings, EASA issued AD 2013-0288 [http://ad.easa.europa.eu/blob/easa_ad_2013_0288_superseded.pdf/AD_2013-0288_1], retaining the requirements of EASA AD 2011-0069R1 and EASA
AD 2013-0132-E, which were superseded, but with reduced inspection
intervals, and to require replacement or modification, as
applicable, of the affected MLG door actuators as terminating action
to the monitoring and repetitive checks and inspections.
    Following introduction of post-mod 153655 MLG door actuators on
in-service aeroplanes, it has been observed that, in case the
removed pre-mod MLG door actuator has internal damage, contamination
of the hydraulic system could have occurred.
    This condition, if not detected and corrected, could result in
performance degradation (damping degradation) of the post-mod MLG
door actuator. Testing performed with a new actuator tested in
heavily contaminated hydraulic system did not show abnormal
hydraulic restriction/blockage. It is thus not requested to perform
this ``flushing procedure'' on aircraft already retrofitted with
std-14 actuators.
    In addition, since EASA AD 2013-0288 was issued, the applicable
AFM was revised and repetitive checks of specific CFDS messages are
no longer considered to be required, due to the reduced intervals
required by EASA AD 2013-0288.
    For the reasons described above, this [EASA] AD partially
retains the requirements of EASA AD 2013-0288, which is superseded,
introduces improved wording for clarification and requires, in
addition to the revised operational (AFM) procedure, hydraulic
flushing prior to any installation of a post-mod MLG door actuator.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0529-0003.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received on the SNPRM. The Air Line
Pilots Association International submitted two comments which supported
the SNPRM.

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
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletins A320-32-1390, Revision 03,
dated July 3, 2014; and A320-32-1407, Revision 01, dated July 3, 2014.
Airbus has also issued A318/A319/A320/A321 Temporary Revision (TR)
TR437, L/G--GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014, to the
Airbus A318/A319/A320/A321 AFM.
    Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3,
2014, describes procedures for inspecting the operation of the MLG door
opening sequence to determine if an actuator is defective, flushing
contamination from the landing gear extension and retraction system
(LGERS), and replacing the door actuator if necessary.
    Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3,
2014, describes procedures for flushing contamination from the LGERS
and installing new MLG door actuators.
    Airbus A318/A319/A320/A321 TR TR437, L/G--GEAR NOT DOWNLOCKED,
Issue 1.0, dated May 23, 2014, to the AFM updates the procedure used
for incomplete landing gear extension during approach.
    General Electric has issued Service Bulletin 114122-32-105,
Revision 2, dated June 24, 2014, which describes procedures for
conversion of a MLG door actuator and removal of unwanted material from
the hydraulic fluid route.
    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 953 airplanes of U.S. registry.
    The actions required by AD 2011-13-11, and retained in this AD,
take about 7 work-hours per product, per inspection cycle, at an
average labor rate of $85 per work-hour. Based on these figures, the
estimated cost of the actions that were required by AD 2011-13-11 is
$595 per product, per inspection cycle.
    The actions required by AD 2013-16-09, and retained in this AD,
take about 3 work-hours per product, per inspection cycle, at an
average labor rate of $85 per work-hour. Based on these figures, the
estimated cost of the actions that were required by AD 2013-16-09 is
$255 per product, per inspection cycle.
    We also estimate that it will take about 19 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $17,140 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $17,873,515, or $18,755 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 3 work-hours, for a cost of $255 per product. We have no way
of determining the number of aircraft that might need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0529; 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 Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

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:
0
a. Removing Airworthiness Directive (AD) 2011-13-11, Amendment 39-16734
(76 FR 37241, June 27, 2011) (``AD 2011-13-11''); and AD 2013-16-09,
Amendment 39-17547 (78 FR 48286, August 8, 2013) (``AD 2013-16-09'');
and
0
b. Adding the following new AD:

2016-05-02 Airbus: Amendment 39-18420. Docket No. FAA-2014-0529;
Directorate Identifier 2013-NM-260-AD.

(a) Effective Date

    This AD becomes effective April 13, 2016.

(b) Affected ADs

    This AD replaces AD 2011-13-11, Amendment 39-16734 (76 FR 37241,
June 27, 2011) (``AD 2011-13-11''); and AD 2013-16-09, Amendment 39-
17547 (78 FR 48286, August 8, 2013) (``AD 2013-16-09'').

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any
category, identified in paragraphs (c)(1), (c)(2), (c)(3), and
(c)(4) of this AD, all manufacturer serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -231, -232, and -233 airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by a determination that the inspection
interval of the main landing gear (MLG) door opening sequence must
be reduced. We are issuing this AD to detect and correct
deterioration of the damping ring and associated retaining ring of
the MLG door actuator, which can sufficiently increase the friction
inside the actuator to restrict opening of the MLG door by gravity,
during operation of the landing gear alternate (free-fall) extension
system. This condition could prevent the full extension and/or down-
locking of the MLG, possibly resulting in MLG collapse during
landing and consequent damage to the airplane and injury to
occupants.

(f) Compliance

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

(g) Retained Repetitive Inspections/Replacement, With a Formatting
Change

    This paragraph restates the requirements of paragraph (g) of AD
2011-13-11, with a formatting change. At the time specified in
paragraph (g)(1) or (g)(2) of this AD, as applicable: Do a general
visual inspection of the operation of the MLG door opening sequence
to determine if a defective actuator is installed by doing all the
applicable actions, including replacing the door actuator, as
applicable, specified in the Accomplishment Instructions of Airbus
Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006. Do
all applicable replacements before further flight. Repeat the
inspection thereafter at intervals not to exceed 900 flight cycles.
Doing the inspection required by paragraph (l) of this AD terminates
the requirements of this paragraph.
    (1) For airplanes on which a record of the total number of
flight cycles on the MLG door actuator is available: Before the
accumulation of 3,000 total flight cycles on the MLG door actuator,
or within 800 flight cycles after April 27, 2007 (the effective date
of AD 2007-06-18, Amendment 39-14999 (72 FR 13681, March 23, 2007)),
whichever is later.
    (2) For airplanes on which a record of the total number of
flight cycles on the MLG door actuator is not available: Within 800
flight cycles after April 27, 2007 (the effective date of AD 2007-
06-18, Amendment 39-14999 (72 FR 13681, March 23, 2007)).
    (3) For the purposes of this AD, a general visual inspection is:
``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
enhance visual access to all exposed surfaces in the inspection
area. This level of inspection is made under normally available
lighting conditions such as daylight, hangar lighting, flashlight,
or droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''

(h) Retained Provision Regarding Reporting/Parts Return, With No
Changes

    This paragraph restates the requirements of paragraph (h) of AD
2011-13-11, with no changes. Although the Accomplishment
Instructions of Airbus Service Bulletin A320-32-1309, Revision 01,
dated June 19, 2006, specify submitting certain information to the
manufacturer and sending defective actuators back to the component
manufacturer for investigation, this AD does not include those
requirements.

(i) Retained Revision of the Airplane Flight Manual (AFM), With
Formatting Changes

    This paragraph restates the requirements of paragraph (i) of AD
2011-13-11, with formatting changes. Within 14 days after July 12,
2011 (the effective date of AD 2011-13-11), revise the Emergency
Procedure Section of the AFM to incorporate the information in
figure 1 to paragraph (i) of this AD. This may be done by inserting
a copy of this AD into the AFM. When a statement identical to that
in figure 1 to paragraph (i) of this AD has been included in the
Emergency Procedure Section of the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM. Doing the actions required by
paragraph (t) of this AD terminates the requirements of this
paragraph.

           Figure 1 to Paragraph (i) of This AD--AFM Revision
------------------------------------------------------------------------

-------------------------------------------------------------------------
 If ECAM triggers the ``L/G GEAR NOT DOWNLOCKED'' warning, apply
 the following procedure:
    Recycle landing gear.
 If unsuccessful after 2 min:
    Extend landing gear by gravity. Refer to ABN-32 L/G GRAVITY
     EXTENSION.
------------------------------------------------------------------------

(j) Retained Repetitive Checks, With New Optional Actions and New
Service Information

    This paragraph restates the requirements of paragraph (j) of AD
2011-13-11, with new optional actions and new service information.
Within 14 days after July 12, 2011 (the effective date of AD 2011-
13-11), or before the accumulation of 800 total flight cycles,
whichever occurs later, check the post flight report (PFR) for
centralized fault display system (CFDS) messages triggered within
the last 8 days, in accordance with paragraph 4.2.1 of Airbus All
Operators Telex (AOT) A320-32A1390, dated February 10, 2011. Repeat
the check thereafter at intervals not to exceed 8 days or 5 flight
cycles, whichever occurs later. If done in accordance with a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, the use of an alternative method to check
the PFR for CFDS messages (e.g., AIRMAN) is acceptable in lieu of
this check if the messages can be conclusively determined from that
method. Repetitive inspections of the door opening sequence of the
left-hand (LH) and right-hand (RH) doors of the MLG, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A320-32-1390, Revision 03, dated July 3, 2014, are an acceptable
method of compliance for the actions required by this paragraph.
Repetitive inspections of the door opening sequence of the LH and RH
doors of the MLG of an airplane, as required by paragraph (p) of
this AD, is an acceptable method to comply with the requirements of
this paragraph.

(k) Retained On-Condition Inspection, With New Service Information and
Revised Language for an Acronym

    This paragraph restates the requirements of paragraph (k) of AD
2011-13-11, with new service information and revised langue for an
acronym. If, during any check required by paragraph (j) of this AD,
a pair of specific CFDS messages specified in paragraph 4.2.1 of
Airbus AOT A320-32A1390, dated February 10, 2011, has been triggered
by both landing gear control and interface units (LGCIU) for the
same flight, before further flight, inspect the door opening
sequence of the affected doors of the MLG for discrepancies (i.e.,
if any condition specified in steps (a) through (d) of paragraph
4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not
met; or if any door actuator fails any inspection check specified in
Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3,
2014). Do the inspection in accordance with paragraph 4.2.2 of
Airbus AOT A320-32A1390, dated February 10, 2011; or the
Accomplishment Instructions of Airbus Service Bulletin A320-32-1390,
Revision 03, dated July 3, 2014. As of the effective date of this
AD, use only Airbus Service Bulletin A320-32-1390, Revision 03,
dated July 3, 2014, for the actions required by this paragraph.

(l) Retained Repetitive Inspections, With New Service Information, New
Optional Actions, and Reduced Compliance Times

    This paragraph restates the requirements of paragraph (l) of AD
2011-13-11, with new service information, new optional actions, and
reduced compliance times. At the applicable time specified in
paragraph (l)(1) or (l)(2) of this AD: Inspect the door opening
sequence of the LH and RH doors of the MLG for discrepancies (i.e.,
if any condition specified in steps (a) through (d) of paragraph
4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not
met; or if any door actuator fails any inspection check specified in
the Accomplishment Instructions of Airbus Service Bulletin A320-32-
1390, Revision 03, dated July 3, 2014). Do the inspection in
accordance with the instructions of paragraph 4.2.2 of Airbus AOT
A320-32A1390, dated February 10, 2011; or the Accomplishment
Instructions of Airbus Service Bulletin A320-32-1390, Revision 03,
dated July 3, 2014. As of the effective date of this AD, use only
Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3,
2014, for the actions required by this paragraph. Repeat the
inspection within 8 days or 5 flight cycles after the effective date
of this AD, whichever occurs later, without exceeding 425 flight
cycles since the most recent inspection; and thereafter repeat the
inspection at intervals not to exceed 8 days or 5 flight cycles,
whichever occurs later. In addition, whenever any airplane is not
operated for a period longer than 8 days, do the inspection before
further flight. Doing this inspection terminates the requirements of
paragraph (g) of this AD. Repetitive inspections of the door opening
sequence of the LH and RH doors of the MLG of an airplane, as
required by paragraph (p) of this AD, is an acceptable method to
comply with the requirements of this paragraph.
    (1) For airplanes on which an inspection required by paragraph
(g) of this AD has been done as of July 12, 2011 (the effective date
of AD 2011-13-11): Within 800 flight cycles after doing the most
recent inspection required by paragraph (g) of this AD, or within
100 flight cycles after July 12, 2011, whichever occurs later.
    (2) For airplanes on which an inspection required by paragraph
(g) of this AD has not been done as of July 12, 2011 (the effective
date of AD 2011-13-11): Within 800 flight cycles after July 12,
2011.

(m) Retained Replacement, With New Service Information

    This paragraph restates the requirements of paragraph (m) of AD
2011-13-11, with new service information. If any discrepancy (i.e.,
if any condition specified in steps (a) through (d) of paragraph
4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not
met; or if any door actuator fails any inspection check specified in
the Accomplishment Instructions of Airbus Service Bulletin A320-32-
1390, Revision 03, dated July 3, 2014) is found during any
inspection required by paragraph (k) or (l) of this AD, before
further flight, replace the affected MLG door actuator with a new
MLG door actuator, in accordance with the instructions of Airbus AOT
A320-32A1390, dated February 10, 2011; or Airbus Service Bulletin
A320-32-1390, Revision 03, dated July 3, 2014. As of the effective
date of this AD, use only Airbus Service Bulletin A320-32-1390,
Revision 03, dated July 3, 2014, to do the actions required by this
paragraph.

(n) Retained Statement of No Terminating Action for Certain
Requirements, With No Changes

    This paragraph restates the statement of paragraph (n) of AD
2011-13-11, with no changes. Replacement of the MLG door actuator as
required by paragraph (m) of this AD is not a terminating action for
the repetitive actions required by paragraphs (j) and (l) of this
AD.

(o) Retained Configuration and Part Number Determination, With No
Changes

    This paragraph restates the requirements of paragraph (g) of AD
2013-16-09, with no changes. At the later of the compliance times
specified in paragraphs (o)(1) and (o)(2) of this AD: Do an
inspection to determine the configuration (modification status) of
the airplane and identify the part number of the LH and RH LGCIU and
MLG door actuators. A review of the airplane delivery or maintenance
records is acceptable for compliance with the requirements of this
paragraph provided the airplane configuration and installed
components can be conclusively determined from that review.
    (1) Prior to the accumulation of 800 total flight cycles since
first flight of the airplane.
    (2) Within 14 days after August 23, 2013 (the effective date of
AD 2013-16-09).

(p) Retained MLG Door Opening Sequence Repetitive Inspections, With No
Changes

    This paragraph restates the requirements of paragraph (h) of AD
2013-16-09, with no changes. If, during the determination and
identification required by paragraph (o) of this AD, the
configuration of the airplane is determined to be post-Airbus
Modification 39303 or post-Airbus Service Bulletin A320-32-1409
(Interlink Communication ARINC 429 installed), and both an LGCIU and
a MLG door actuator are installed with a part number listed in
figure 2 to paragraph (p) of this AD: Except as provided by
paragraph (s) of this AD, at the later of the compliance times
specified in paragraphs (o)(1) and (o)(2) of this AD, and thereafter
at intervals not to exceed 8 days or 5 flight cycles, whichever
occurs later, do an inspection of the door opening sequence of the
LH and RH MLG doors, in accordance with the instructions of Airbus
Alert Operators Transmission (AOT) A32N001-13, dated June 24, 2013.

       Figure 2 to Paragraph (p) of This AD--Affected Part Numbers
------------------------------------------------------------------------
                    Component name                          Part No.
------------------------------------------------------------------------
LGCIU (LH and RH)....................................    80-178-02-88012
                                                         80-178-03-88013
MLG door actuator....................................          114122006
                                                               114122007
                                                               114122009
                                                               114122010
                                                               114122011
                                                               114122012
------------------------------------------------------------------------

(q) Retained MLG Door Opening Sequence Corrective Action, With No
Changes

    This paragraph restates the requirements of paragraph (i) of AD
2013-16-09, with no changes. If a slow door operation or restricted
extension is found during any inspection required by paragraph (p)
of this AD: Before further flight, replace the affected MLG door
actuator with a new or serviceable actuator, in accordance with the
instructions of Airbus AOT A32N001-13, dated June 24, 2013.

(r) Retained Terminating Action Limitation for Certain Actions, With
New Service Information

    This paragraph restates the requirements of paragraph (j) of AD
2013-16-09, with new service information. Replacement of a MLG door
actuator, as required by paragraph (q) of this AD, does not
constitute terminating action for the repetitive inspections
required by paragraph (p) of this AD, unless MLG door actuators
having P/N 114122014 are installed on both LH and RH sides, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-32-1407, dated May 14, 2013; or Airbus Service
Bulletin A320-32-1407, Revision 01, dated July 3, 2014. As of the
effective date of this AD, use only Airbus Service Bulletin A320-32-
1407, Revision 01, dated July 3, 2014, for the actions required by
this paragraph.

(s) Retained Repetitive Inspection Exception, With No Changes

    This paragraph restates the requirements of paragraph (k) of AD
2013-16-09, with no changes. Airplanes on which the LGCIU interlink
is disconnected (Airbus Modification 155522 applied in production,
or modified in-service in accordance with the instructions of Airbus
AOT A32N001-13, dated June 24, 2013), or on which MLG door actuators
having P/N 114122014 are installed on both LH and RH sides (Airbus
Modification 153655 applied in production, or modified in-service as
described in Airbus Service Bulletin A320-32-1407), are not required
to do the actions required by paragraph (p) of this AD, provided
that the airplane is not modified to a configuration as defined in
paragraph (p) of this AD.

(t) New Revision of the AFM

    Within 14 days after the effective date of this AD, revise the
Emergency Procedure Section of the AFM to incorporate Airbus A318/
A319/A320/A321 Temporary Revision (TR) TR437, L/G--GEAR NOT
DOWNLOCKED, Issue 1.0, dated May 23, 2014. When this TR has been
included in general revisions of the AFM, the general revisions may
be inserted in the AFM, provided the relevant information in the
general revision is identical to that in this TR, and the copy of
this TR may be removed from the AFM. Doing the action required by
this paragraph terminates the actions required by paragraph (i) of
this AD.

(u) New Replacement of MLG Door Actuator Having P/N 114122012

    Within 12 months after the effective date of this AD: Replace
each MLG door actuator having P/N 114122012 with a MLG door actuator
having P/N 114122014, and flush the affected hydraulic system, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-32-1407, Revision 01, dated July 3, 2014; or modify
each actuator, including doing all applicable related investigative
and corrective actions, in accordance with the Accomplishment
Instructions of General Electric Service Bulletin 114122-32-105,
Revision 2, dated June 24, 2014; except where General Electric
Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014,
specifies to contact the manufacturer, before further flight, repair
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA).

(v) New Replacement of Certain Other MLG Door Actuators

    Within 24 months after the effective date of this AD: Replace
each MLG door actuator having a part number listed in figure 3 to
paragraph (v) of this AD, except P/N 114122012, with a MLG door
actuator having P/N 114122014, and flush the affected hydraulic
system, in accordance with Accomplishment Instructions of Airbus
Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014; or
modify each actuator, including doing all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of General Electric Service Bulletin
114122-32-105, Revision 2, dated June 24, 2014; except where General
Electric Service Bulletin 114122-32-105, Revision 2, dated June 24,
2014, specifies to contact the manufacturer, before further flight,
repair using a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the EASA; or
Airbus's EASA DOA.

       Figure 3 to Paragraph (v) of This AD--Affected Part Numbers
------------------------------------------------------------------------
                    Component name                          Part No.
------------------------------------------------------------------------
MLG door actuator....................................          114122006
                                                               114122007
                                                               114122009
                                                               114122010
                                                               114122011
                                                               114122012
------------------------------------------------------------------------

(w) New Terminating Action

    Modification of an airplane as required by paragraphs (u) and
(v) of this AD, as applicable, constitutes terminating action for
all repetitive actions (PFR monitoring checks and inspections)
required by this AD for that airplane.

(x) New Conditional Terminating Action

    Replacement of a MLG door actuator as required by paragraphs (m)
and (q) of this AD; or corrective actions as specified in Airbus AOT
A320-32A1390, dated February 10, 2011; or replacement of a MLG door
actuator as specified in Airbus Service Bulletin A320-32-1390,
Revision 03, dated July 3, 2014; does not constitute terminating
action for the repetitive inspections required by paragraphs (j),
(l), and (p) of this AD, unless MLG door actuators having P/N
114122014 are installed on both LH and RH sides, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-32-
1407, Revision 01, dated July 3, 2014.

(y) New Exception to AD Requirements

    (1) An airplane on which MLG door actuators having P/N 114122014
are installed on both LH and RH sides (Airbus Modification 153655
applied in production, or modified in service as specified in Airbus
Service Bulletin A320-32-1407, dated May 14, 2013; Airbus Service
Bulletin A320-32-1407, Revision 01, dated July 3, 2014; General
Electric Service Bulletin 114122-32-105, dated January 17, 2013; or
General Electric Service Bulletin 114122-32-105, Revision 1, dated
March 26, 2013; or General Electric Service Bulletin 114122-32-105,
Revision 2, dated June 24, 2014); is not affected by the
requirements of paragraphs (j) through (v) of this AD, provided that
no MLG door actuator with a part number in figure 3 to paragraph (v)
of this AD has been installed on that airplane since first flight,
or since modification, as applicable.
    (2) An airplane in the configuration specified in paragraph
(y)(1) of this AD, and with flight warning computers having P/N
350E053021212 (H2F7) installed (Airbus Modification 153741 applied
in production, or modified in service as specified in Airbus Service
Bulletin A320-31-1414), is not affected by the requirement of
paragraph (t) of this AD and, following modification, Airbus A318/
A319/A320/A321 TR TR437, L/G GEAR NOT DOWNLOCKED, Issue 1.0, dated
May 23, 2014 (if inserted), may be removed from the AFM of that
airplane.

(z) New Parts Installation Prohibitions

    (1) Except as specified in paragraph (z)(2) of this AD, as of
the effective date of this AD, do not install on any airplane a MLG
door actuator having a part number listed in figure 3 to paragraph
(v) of this AD.
    (2) For an airplane subject to the requirements of paragraphs
(u) and (v) of this AD, as applicable, do not install a MLG door
actuator having a part number listed in figure 3 to paragraph (v) of
this AD after modification of the airplane.
    (3) Except as specified in paragraph (z)(4) of this AD, as of
the effective date of this AD, do not install on any airplane a
flight warning computer (FWC) having a part number listed in figure
4 to paragraph (z) of this AD.
    (4) For an airplane subject to the requirements of paragraphs
(u) and (v) of this AD, as applicable, do not install a FWC having a
part number listed in figure 4 to paragraph (z) of this AD after
modification of the airplane.

       Figure 4 to Paragraph (z) of This AD--Affected Part Numbers
------------------------------------------------------------------------
          Component name                          Part No.
------------------------------------------------------------------------
Flight warning computer..........  350E016187171 (C5)
                                   350E017238484 (H1D1)
                                   350E017248685 (H1D2)

                                   350E017251414 (H1E1)
                                   350E017271616 (H1E2)
                                   350E018291818 (H1E3CJ)
                                   350E018301919 (H1E3P)
                                   350E018312020 (H1E3Q)
                                   350E053020202 (H2E2)
                                   350E053020303 (H2E3)
                                   350E053020404 (H2E4)
                                   350E053020606 (H2F2)
                                   350E053020707 (H2F3)
                                   350E053021010 (H2F3P)
                                   350E053020808 (H2F4)
                                   350E053020909 (H2F5)
                                   350E053021111 (H2F6)
------------------------------------------------------------------------

(aa) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before
April 27, 2007 (the effective date of AD 2007-06-18), using Airbus
Service Bulletin A320-32-1309, dated March 7, 2006. This service
information is not incorporated by reference in this AD.
    (2) This paragraph provides credit for actions required by
paragraphs (k), (l), and (m) of this AD, if those actions were
performed before the effective date of this AD using Airbus Service
Bulletin A320-32-1390, Revision 01, dated September 21, 2011; or
Airbus Service Bulletin A320-32-1390, Revision 02, dated October 23,
2013. This service information is not incorporated by reference in
this AD.
    (3) This paragraph provides credit for actions required by
paragraphs (u) and (v) of this AD, if those actions were performed
before the effective date of this AD using General Electric Service
Bulletin 114122-32-105, dated January 17, 2013; or General Electric
Service Bulletin 114122-32-105, Revision 1, dated March 26, 2013.
This service information is not incorporated by reference in this
AD.

(bb) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) 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.
    (3) Contacting the Manufacturer: As of the effective date of
this AD, except as specified in paragraph (j) of this AD for the use
of an alternative method to check the PFR for CFDS messages, 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 Branch, ANM-116, Transport
Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (4) Previously Approved AMOCs: AMOCs approved previously for AD
2011-13-11 and AD 2013-16-09 are approved as AMOCs for the
corresponding provisions of this AD.

(cc) Special Flight Permits

    Special flight permits may be issued in accordance with sections
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199) to operate the airplane to a location where the airplane
can be modified (if the operator elects to do so), provided the MLG
remains extended and locked, and that no MLG recycle is done.

(dd) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0221, dated September 30,
2014, 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-2014-0529.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (ee)(7), (ee)(8), and (ee)(9) of this AD.

(ee) 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
April 13, 2016.
    (i) Airbus A318/A319/A320/A321 Temporary Revision TR437, L/G--
GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014, to the Airbus
A318/A319/A320/A321 Airplane Flight Manual.
    (ii) Airbus Service Bulletin A320-32-1390, Revision 03, dated
July 3, 2014.
    (iii) Airbus Service Bulletin A320-32-1407, Revision 01, dated
July 3, 2014.
    (iv) General Electric Service Bulletin 114122-32-105, Revision
2, dated June 24, 2014.
    (4) The following service information was approved for IBR on
August 23, 2013 (78 FR 48286, August 8, 2013).
    (i) Airbus Alert Operators Transmission A32N001-13, dated June
24, 2013.
    (ii) Reserved.
    (5) The following service information was approved for IBR on
July 12, 2011 (76 FR 37241, June 27, 2011).
    (i) Airbus All Operators Telex A320-32A1390, dated February 10,
2011.
    (ii) Reserved.
    (6) The following service information was approved for IBR on
April 27, 2007 (72 FR 13681, March 23, 2007).
    (i) Airbus Service Bulletin A320-32-1309, Revision 01, dated
June 19, 2006.
    (ii) Reserved.
    (7) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (8) For General Electric service information identified in this
AD contact GE Aviation, Customer Support Center, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.geaviation.com.
    (9) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (10) 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 February 18, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-04577 Filed 3-8-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Page 71123]
[FR Doc No: 2016-24988]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Additional Item

Federal Register CITATION OF PREVIOUS ANNOUNCEMENT: To Be Published.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Thursday, October
13, 2016.

CHANGES IN THE MEETING: The following matter will also be considered
during the 10:00 a.m. Open Meeting scheduled for Thursday, October 13,
2016, in the Auditorium, Room L-002:
     The Commission will consider whether to adopt rule and
form amendments that would permit open-end management investment
companies to use ``swing pricing'' under certain circumstances.
    This item is now being separately listed for the Open Meeting in
open session as a procedural matter, and the duty officer determined
that Commission business required such earlier than one week from
today. No earlier notice of this action was practicable.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted, or postponed,
please contact Brent J. Fields in the Office of the Secretary at (202)
551-5400.

    Dated: October 11, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-24988 Filed 10-12-16; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Page 18212]
[FR Doc No: 2011-7679]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. EL11-30-000]

E.ON Climate & RenewablesNorth America, LLC, et al. v. Midwest
Independent Transmission System Operator, Inc.; Notice of Complaint

    Take notice that on March 22, 2011, The Midwest Generation
Development Group, an ad hoc coalition comprised of Clipper Windpower
Development Co., Inc., E.ON Climate & Renewables North America, LLC,
Horizon Wind Energy LLC, Iberdrola Renewables, Inc. and Invenergy Wind
Development LLC and Invenergy Thermal Development LLC (Complainants),
pursuant to Rule 206 of the Rules of Practice and Procedure of the
Federal Energy Regulatory Commission (Commission), 18 CFR 385.206
(2010) and section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e,
filed a formal complaint against the Midwest Independent Transmission
System Operator, Inc. (Midwest ISO or Respondent), requesting that the
Commission find Option I under Attachment FF of the Midwest ISO Open
Access Transmission, Energy and Operating Reserve Markets Tariff is
unjust, unreasonable, unduly discriminatory and preferential in
violation of the FPA as it pertains to network upgrades initially
funded and financed by an interconnection customer through the Midwest
ISO's Generation Interconnection Procedures and order the Midwest ISO
to remove Option I from its Tariff effective March 22, 2011.
    Complainants certify that copies of the complaint have been served
on the contacts for the Midwest ISO 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 Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's 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 14 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 review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on April 11, 2011.

    Dated: March 24, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-7679 Filed 3-31-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Notices]
[Page 44796]
[FR Doc No: 2023-14865]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #4

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

    Docket Numbers: EC23-104-000.
    Applicants: Tenaska High Point Holdings, LLC, High Point Solar LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Tenaska High Point Holdings, LLC, et al.
    Filed Date: 7/6/23.
    Accession Number: 20230706-5147.
    Comment Date: 5 p.m. ET 7/27/23.

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL23-81-000.
    Applicants: Upstream Clean Energy v. California Independent System
Operator Corporation.
    Description: Complaint of Upstream Clean Energy v. California
Independent System Operator Corporation.
    Filed Date: 7/6/23.
    Accession Number: 20230706-5145.
    Comment Date: 5 p.m. ET 7/26/23.

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

    Docket Numbers: ER10-1333-017; ER10-2566-014; ER13-2322-010; ER13-
2387-011; ER15-190-022; ER18-1343-016; ER19-1819-006; ER19-1820-006;
ER19-1821-006; ER21-2426-002.
    Applicants: CPRE 1 Lessee, LLC, Speedway Solar NC, LLC, Stony Knoll
Solar, LLC, Broad River Solar, LLC, Carolina Solar Power, LLC, Duke
Energy Renewable Services, LLC, Duke Energy Florida, LLC, Duke Energy
Progress, LLC, Duke Energy Carolinas, LLC, Duke Energy Commercial
Enterprises, Inc.
    Description: Triennial Market Power Analysis for Southeast Region
of Duke Energy Commercial Enterprises, Inc., et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5496.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-1616-019; ER10-1838-011; ER10-1967-012; ER10-
1968-011; ER10-1990-011; ER10-1993-011; ER10-2783-020; ER10-2798-019;
ER10-2799-019; ER10-2878-020; ER10-2879-019; ER10-2960-016; ER10-2969-
020; ER18-1821-011; ER19-2231-008; ER19-2232-008; ER21-2423-007; ER21-
2424-007; ER22-46-007; ER22-1402-004; ER22-1404-004; ER22-1449-003;
ER22-1450-003; ER22-1662-003; ER22-2713-002; ER23-1299-001.
    Applicants: OnPoint Energy Northeast, LLC, Parkway Generation
Sewaren Urban Renewal Entity LLC, GB II New York LLC, GB II New Haven
LLC, GB II Connecticut LLC, Parkway Generation Operating LLC, Parkway
Generation Keys Energy Center LLC, Parkway Generation Essex, LLC,
Generation Bridge M&M Holdings, LLC, Generation Bridge Connecticut
Holdings, LLC, Chief Keystone Power II, LLC, Chief Conemaugh Power II,
LLC, Walleye Power, LLC, Oswego Harbor Power LLC, Astoria Generating
Company, L.P., Montville Power LLC, Middleton Power LLC, Devon Power
LLC, Connecticut Jet Power LLC, Arthur Kill Power LLC, Waymart Wind
Farm, LLC, Somerset Windpower, LLC, Mill Run Windpower, LLC, Meyersdale
Windpower LLC, Backbone Mountain Windpower, LLC, New Covert Generating
Company, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of New Covert Generating Company, LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5495.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-2346-013; ER10-2353-013; ER11-4351-015; ER17-
1217-003; ER19-1200-009; ER21-1923-003; ER21-1947-003; ER21-2128-002;
ER21-2129-002; ER22-529-003.
    Applicants: 299F2M WHAM8 SOLAR, LLC, 276FED WHAM8 SOLAR, LLC, 0HAM
WHAM8 SOLAR, LLC, NedPower Mount Storm LLC, Black Rock Wind Force, LLC,
Clearway Power Marketing LLC, TotalEnergies Gas & Power North America,
Inc., Pinnacle Wind, LLC, Lookout WindPower LLC, Forward WindPower LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Forward WindPower LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5494.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER22-2963-002.
    Applicants: Yellowbud Solar, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Yellowbud Solar, LLC.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5493.
    Comment Date: 5 p.m. ET 8/29/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: July 7, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14865 Filed 7-12-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Page 18397]
[FR Doc No: 2015-07764]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2179-043--California; Project No. 2467-020--California]

Merced Irrigation District, Pacific Gas and Electric Company;
Notice of Availability of the Draft Environmental Impact Statement for
the Merced River and Merced Falls Hydroelectric Projects

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission or FERC)
regulations contained in the Code of Federal Regulations (CFR) (18 CFR
part 380 [FERC Order No. 486, 52 FR 47897]), the Office of Energy
Projects has reviewed the applications for license for the Merced River
Hydroelectric Project (FERC No. 2179), and the Merced Falls
Hydroelectric Project (FERC No. 2467) and prepared a draft multi-
project environmental impact statement (EIS) for the projects.
    Both projects are located on the Merced River. The Merced River
Project is located at river mile (RM) 62.5 and 56.3, respectively,
about 23 miles northeast of the city of Merced in Mariposa County,
California. The Merced River Project occupies 3,154.9 acres of federal
land administered by the U.S. Department of the Interior, Bureau of
Land Management (BLM). The Merced Falls Project is located at RM 55 on
the border of Merced and Mariposa Counties, California. The Merced
Falls Project occupies 1.0 acre of federal land administered by BLM.
    The draft EIS contains staff's analysis of the applicants'
proposals and the alternatives for relicensing the Merced River and
Merced Falls projects. The draft EIS documents the views of
governmental agencies, non-governmental organizations, affected Indian
tribes, the public, the license applicants, and Commission staff.
    A copy of the draft EIS is available for review at the Commission
or may be viewed on the Commission's Web site at http://www.ferc.gov,
using the ``e-Library'' link. Enter the docket number, excluding the
last three digits, to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    All comments must be filed by Friday, May 29, 2015, and should
reference Project Nos. 2179-043 and 2467-020. The Commission strongly
encourages electronic filing. Please file comments using the
Commission's efiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, please send a paper copy to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Anyone may intervene in this proceeding based on this draft EIS (18
CFR 380.10). You must file your request to intervene as specified
above. You do not need intervenor status to have your comments
considered.
    Commission staff will hold two public meetings for the purpose of
receiving comments on the draft EIS. The daytime meeting will focus on
resource agency, Indian tribe, and non-governmental organization
comments, while the evening meeting is primarily for receiving input
from the public. All interested individuals and entities will be
invited to attend the public meeting. A notice detailing the exact
date, time, and location of the public meetings will be forthcoming.
    For further information, please contact Matt Buhyoff at (202) 502-
6824 or at<EMAIL_ADDRESS>
    Dated: March 30, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-07764 Filed 4-3-15; 8:45 am]
BILLING CODE 6717-01-P