[Federal Register: July 22, 2008 (Volume 73, Number 141)]
[Notices]
[Page 42638-42640]
[DOCID:fr22jy08-95]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58164; File No. SR-ISE-2008-56]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Waivers

July 15, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 1, 2008, International Securities Exchange, LLC (the ``ISE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The ISE
filed the proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which renders

the proposal effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    The ISE is proposing to amend its Schedule of Fees by adopting fee
waivers related to the execution on ISE of public customer orders
exposed to members before those orders are sent out for execution on
another exchange through the intermarket linkage (``Linkage''). The
text of the proposed rule change is available at the Exchange, http://
www.ise.com, and the Commission's Public Reference Room.

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

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

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

1. Purpose
    Before a Primary Market Maker (``PMM'') sends a customer order
through the Linkage when ISE is not at the national best bid or offer
(``NBBO''), the Exchange exposes these customer orders to all its
members to give them an opportunity to match the NBBO.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 58038 (June 26,
2008), 73 FR 38261 (July 3, 2008) (SR-ISE-2008-50) (Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Exposure of Public Customer Orders to all ISE Members).
---------------------------------------------------------------------------

    Specifically, before the PMM sends a Linkage Order on behalf of a
public customer, the public customer order is exposed at the NBBO price
for a period established by the Exchange not to exceed one second.
During this exposure period, Exchange members may enter responses up to
the size of the order being exposed in the regular trading increment
applicable to the option. If at the end of the exposure period, the
order is executable at the then-current NBBO and the ISE is not at the
then-current NBBO, the order is executed against responses that equal
or better the then-current NBBO. The exposure period is terminated if
the exposed order becomes executable on the ISE at the prevailing NBBO
or if the Exchange receives an unrelated order that could trade against
the exposed order at the prevailing NBBO price. If, after an order is
exposed, the order is not executed in full on the Exchange at the then-
current NBBO or better, and it is marketable against the then-current
NBBO, the PMM sends a Linkage Order on the customer's behalf for the
balance of the order as provided in Rule 803(c)(2)(ii). If the balance
of the order is not marketable against the then-current NBBO, it is
placed on the ISE book.
    To encourage ISE members to respond to the exposure of these public
customer orders, ISE proposes to waive the Firm Proprietary, ISE Market
Maker and Payment for Order Flow fees incurred by members who step up
and match or improve the NBBO during the exposure period so these
public customer orders can be executed on the Exchange.\6\
---------------------------------------------------------------------------

    \6\ See e-mail from Samir Patel, Assistant General Counsel, ISE
to Jennifer Colihan and Christopher Chow, Special Counsels,
Commission, dated July 11, 2008.
---------------------------------------------------------------------------

    The Exchange notes that the proposed rule change will allow ISE to
retain more flow by giving these customer orders additional opportunity
to be executed at the NBBO at ISE and will also reduce PMM costs by
reducing the number of Linkage orders they must send to other
exchanges.\7\
---------------------------------------------------------------------------

    \7\ See id.
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) that an exchange have an equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities.

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(2) thereunder,\9\ because it establishes or changes a due, fee, or
other charge imposed on members by ISE. Accordingly, the proposal is
effective upon filing with the Commission. At any time within 60 days
of the filing of the proposed rule change, the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2008-56 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2008-56. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in

the Commission's Public Reference Room, 100 F Street, NE., Washington,
DC 20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ISE-2008-56 and should be submitted on
or before August 12, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Acting Secretary.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 [FR Doc. E8-16686 Filed 7-21-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: June 4, 2008 (Volume 73, Number 108)]
[Notices]
[Page 31856]
[DOCID:fr04jn08-47]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-3281-004]

Abel, James E.; Notice of Filing

May 29, 2008.
    Take notice that on May 28, 2008, James E. Abel filed an
application for authorization to hold interlocking positions pursuant
to section 305(b) of the Federal Power Act and Part 45 of the
regulations of the Federal Energy Regulatory Commission, 18 CFR Part 45
(2007).
    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. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    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 June 19, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-12448 Filed 6-3-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78845-78846]
[FR Doc No: 2014-30623]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER10-1325-005; ER15-190-002; ER12-1958-005; ER12-
1946-005; ER11-2080-005; ER10-2034-004; ER10-1335-005; ER10-1333-005.
    Applicants: CinCap V LLC, Duke Energy Beckjord, LLC, Duke Energy
Commercial Asset Management, Inc., Duke Energy Commercial Enterprises,
Inc., Duke Energy Indiana, Inc., Duke Energy Piketon, LLC, Duke Energy
Renewable Services, LLC, Duke Energy Retail Sales, LLC.
    Description: Triennial Market Power Analysis Update for the Central
Region of Duke Energy Corporation MBR Sellers.
    Filed Date: 12/19/14.
    Accession Number: 20141219-5448.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER15-282-000; ER15-314-000; ER15-308-000; ER15-306-
000; ER15-305-000; ER15-304-000; ER15-293-000; ER15-292-000; ER15-289-
000; ER15-288-000; ER15-287-000; ER15-286-000; ER15-285-000; ER15-284-
000; ER15-283-000.
    Applicants: Morgan Stanley Capital Group Inc. MS Solar Solutions
Corp., Naniwa Energy LLC, Power Contract Financing II, Inc., Power
Contract Financing II, L.L.C., South Eastern Electric Dev. Corp., South
Eastern Generating Corp., Utility Contract Funding II, LLC, TAQA Gen X
LLC, NaturEner Glacier Wind Energy 1, LLC, NaturEner Glacier Wind
Energy 2, LLC, NaturEner Rim Rock Wind Energy, LLC, NaturEner Montana
Wind Energy, LLC, NaturEner Power Watch, LLC, NaturEner Wind Watch,
LLC.
    Description: Supplement to October 31, 2014 and November 3, 2014
Morgan Stanley Capital Group Inc., et al. Notice of Change in Status
and tariff filings.
    Filed Date: 12/19/14.
    Accession Number: 20141219-5447.

    Comments Due: 5 p.m. ET 1/9/15.

    Docket Numbers: ER15-693-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
12-22_SA 2693 NSP-Black Oak Wind 1st Rev GIA (G858/H071) to be
effective 12/23/2014.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5195.
    Comments Due: 5 p.m. ET 1/12/15.

    Docket Numbers: ER15-694-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Amendments to Market-Based Rate Tariff to be effective 12/23/2014.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5197.
    Comments Due: 5 p.m. ET 1/12/15.

    Docket Numbers: ER15-695-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Revisions to Attachment AE (MPL) Section 10.3--Dispute Clarification to
be effective 3/1/2014.
    Filed Date: 12/22/14.
    Accession Number: 20141222-5220.
    Comments Due: 5 p.m. ET 1/12/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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>.

    Dated: December 22, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-30623 Filed 12-30-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47415-47416]
[FR Doc No: 2019-19542]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0450; Airspace Docket No. 19-ASO-12]
RIN 2120-AA66

Amendment of the Class E Airspace; Ashland, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies the Class E airspace extending upward
from 700 feet above the surface at Ashland Regional Airport, Ashland,
KY. This action is due to an airspace review caused the revision of the
instrument procedures at the airport, which require additional
airspace. The name of the airport are also being updated to coincide
with the FAA's aeronautical database.

DATES: Effective 0901 UTC, December 5, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface at Ashland Regional Airport, Ashland, KY, to support
instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 28439; June 19, 2019) for Docket No. FAA-2019-0450 to
amend the Class E airspace extending upward from 700 feet above the
surface at Ashland Regional Airport, Ashland, KY. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 modifies the Class E airspace extending upward from 700 feet
above the surface at Ashland Regional Airport, Ashland, KY, by adding
an extension 2 miles either side of the 098[deg] bearing from the
airport extending from the 6.5-mile radius to 10.4 miles east of the
airport; adding an extension 2 miles either side of the 278[deg]
bearing from the airport extending from the 6.5-mile radius to 10.5
miles west of the airport; removing the exclusionary language, as it is
no longer required; and would update the name of the Ashland Regional
Airport (formerly Ashland-Boyd County Airport) to coincide with the
FAA's aeronautical database.
    This action is the result of an airspace review caused by the
amendment of the instrument procedures at the airport, which require
additional airspace to comply with FAA Order, 7400.2M, Procedures for
Handling Airspace.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO KY E5 Ashland, KY [Amended]

Ashland Regional Airport, KY
    (Lat. 38[deg]33'16'' N, long. 82[deg]44'17'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Ashland Regional Airport; and
extending 2 miles either side of the 098[deg] bearing from the
airport extending from the 6.5-mile radius to 10.4 miles east of the
airport; and extending 2 miles either side of the 278[deg] bearing
from the airport extending from the 6.5-mile radius to 10.5 miles
west of the airport.

    Issued in Fort Worth, Texas, on September 4, 2019.
Steve Szukala,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-19542 Filed 9-9-19; 8:45 am]
 BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 20, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15822

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Transatlantic Airlines Limited					Date Filed:  July 31,
2003

Relief requested: Exemption authority from 49 U.S.C. § 41301 to engage
in scheduled foreign air transportation of persons, property and mail
between the terminal point Freetown, Sierra Leone, on the one hand, and
the coterminal points New York, New York (JFK) and Baltimore, Maryland
(BWI), on the other hand, via the intermediate points Banjul, the Gambia
and Dakar, Senegal; and to conduct charters in accordance with Part 212
of the Department’s rules.  Transatlantic Airlines Limited
(Transatlantic) would conduct these services only by wet leasing
aircraft from a duly authorized and properly supervised U.S. or foreign
air carrier.

If renewal, date and citation of last action:  New authority

Applicant representative:  Rachel B. Trinder & Malcolm L. Benge (202)
298-8660

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  The State of Maryland filed an answer in support
of Transatlantic’s request.

	DISPOSITION

Action:  Approved								Action date:  August 20, 2003

Effective dates of authority granted:  August 20, 2003-August 20, 2004

Basis for approval (bilateral agreement/reciprocity):  Reciprocity with
Sierra Leone

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X  Standard exemption conditions (Attached)

Special conditions/Partial grant/Denial basis/Remarks:  Based on the
record in this case, we found that Transatlantic is financially and
operationally qualified to perform the services authorized above.
However, we are unable to conclude that Transatlantic is substantially
owned and effectively controlled by citizens of Sierra Leone.  In that
regard, Transatlantic states that it is 51% owned by three citizens of
Sierra Leone and 49% owned by a citizen of Nigeria.  Transatlantic
states that all of its key management personnel are citizens of Sierra
Leone.  In spite of the fact that we are unable to find that
Transatlantic is substantially owned and effectively controlled by
homeland nationals, we find it appropriate to waive our ownership and
control requirements.  The carrier is properly licensed by the
Government of Sierra Leone to perform the proposed services, and there
is no evidence on the record which would suggest that the ownership of
the carrier would be inimical to U.S. aviation policy or interests.

Transatlantic may not conduct U.S. operations with its own aircraft and
crews without further order of the Department.

Action taken by:  Paul L. Gretch, Director

		     Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we

denied all requests in the referenced Docket.  We may amend, modify, or
revoke the authority granted in this Notice at any time without hearing
at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

			Attachment A

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

08/2003


[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Notices]
[Page 50843-50845]
[DOCID:fr28au08-105]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58415; File No. PCAOB-2008-03]

Public Company Accounting Oversight Board; Order Approving
Proposed Ethics and Independence Rule 3526, Communication With Audit
Committees Concerning Independence, Amendment to Interim Independence
Standards, and Amendment to Rule 3523, Tax Services for Persons in
Financial Reporting Oversight Roles

August 22, 2008.

I. Introduction

    On April 24, 2008, the Public Company Accounting Oversight Board
(the ``Board'' or the ``PCAOB'') filed with the Securities and Exchange
Commission (the ``SEC'' or ``Commission'') proposed rule changes
(PCAOB-2008-03) pursuant to Section 107(b) of the Sarbanes-Oxley Act of
2002 (the ``Act''), relating to the Board's Ethics and Independence
Rules. Notice of the proposed rule changes was published in the Federal
Register on July 14, 2008.\1\ The Commission received three comment
letters relating to the proposed rule changes. For the reasons
discussed below, the Commission is granting approval of the proposed
rule changes.
---------------------------------------------------------------------------

    \1\ See SEC Release No. 34-58121 (Jul. 9, 2008); 73 FR 40418
(Jul. 14, 2008).
---------------------------------------------------------------------------

II. Description of Proposed Rule Changes

    Section 103(a) of the Act directs the PCAOB to establish auditing
and related attestation standards, quality control standards, and
ethics standards to be used by registered public accounting firms in
the preparation and issuance of

audit reports as required by the Act or the rules of the Commission.
    In connection with its standards-setting function, the Board
adopted in 2003 on an initial, transitional basis five temporary rules
that incorporate the pre-existing professional standards of auditing,
attestation, quality control and ethics and independence (the ``interim
standards'').\2\ The interim standards include Independence Standards
Board Standard No. 1, Independence Discussions with Audit Committees
(``ISB No. 1''), ISB Interpretation 00-1, The Applicability of ISB
Standard No. 1 When ``Secondary Auditors'' Are Involved in the Audit of
a Registrant, and ISB Interpretation 00-2, The Applicability of ISB
Standard No. 1 When ``Secondary Auditors'' Are Involved in the Audit of
a Registrant, An Amendment of Interpretation 00-1.
---------------------------------------------------------------------------

    \2\ The Commission approved the PCAOB's adoption of the interim
standards in Release No. 34-47745 (April 25, 2003); 68 FR 23335 (May
1, 2003).
---------------------------------------------------------------------------

    On April 22, 2008, the PCAOB adopted proposed Ethics and
Independence Rule 3526, Communication with Audit Committees Concerning
Independence, which supersedes ISB No. 1, ISB Interpretation 00-1 and
ISB Interpretation 00-2, and a proposed amendment to Rule 3523, Tax
Services for Persons in Financial Reporting Oversight Roles, so that it
will no longer apply to the provision of tax services to persons in
financial reporting oversight roles during the portion of the audit
period that precedes the professional engagement period.
    Proposed Rule 3526, Communication with Audit Committees Concerning
Independence, is intended to build on the communication requirements in
interim standard ISB No. 1 and provide audit committees with
information that may be important to its determination about whether to
hire a registered public accounting firm as the company's auditor. ISB
No. 1 currently provides that, at least annually, an auditor shall: (a)
Disclose to the audit committee of the company (or the board of
directors if there is no audit committee), in writing, all
relationships between the auditor and its related entities and the
company and its related entities that in the auditor's professional
judgment may reasonably be thought to bear on independence; (b) confirm
in the letter that, in its professional judgment, it is independent of
the company within the meaning of the ``Securities Acts administered by
the'' SEC; and (c) discuss the auditor's independence with the audit
committee.
    Similar to ISB No. 1, the new rule requires a registered firm on at
least an annual basis after becoming the issuer's auditor to make a
similar written communication and also affirm to the audit committee of
the issuer, in writing, that the firm is independent. The PCAOB adopted
this new rule in part because it believed that the accounting firm
should discuss with the audit committee before accepting an initial
engagement pursuant to the standards of the PCAOB any relationships the
accounting firm has with the issuer that may reasonably be thought to
bear on its independence. The new rule also includes a new requirement
for the firm to document the substance of its discussion with the audit
committee.
    The PCAOB adopted Ethics and Independence Rules Concerning
Independence, Tax Services and Contingent Fees \3\ on July 26, 2005.\4\
These rules included, among others, Rule 3523, which added to the list
of services an audit firm is prohibited from providing its audit
clients in order to maintain its independence by prohibiting audit
firms from providing any tax service to any person who fills a
financial reporting oversight role at an audit client, or an immediate
family member of such individual, unless such person is in that role
solely because he or she is a member of the board of directors or
similar management governing body. The Board adopted certain technical
amendments to the rules on November 22, 2005 and adopted an additional
amendment, delaying the implementation schedule for Rule 3523,\5\ on
March 28, 2006.\6\
---------------------------------------------------------------------------

    \3\ PCAOB Release No. 2005-014.
    \4\ On August 2, 2005, the PCAOB submitted its proposed rules to
the Commission for approval.
    \5\ PCAOB Release No. 2006-001.
    \6\ The March 28, 2006 amendment was adopted after the
Commission published the proposed rules for comment.
---------------------------------------------------------------------------

    Rule 3523, as originally adopted, applies to all tax services
performed for persons in a financial reporting oversight role during
the ``audit and professional engagement period.'' The PCAOB's
definition of the term ``audit and professional engagement period'' is
consistent with the Commission's independence rules. The ``audit
period'' is the period covered by any financial statements being
audited or reviewed.\7\ The ``professional engagement period'' is the
period beginning when the accounting firm either signs the initial
engagement letter or begins audit procedures, whichever is earlier, and
ends when the audit client or the accounting firm notifies the
Commission that the client is no longer that firm's audit client.\8\
---------------------------------------------------------------------------

    \7\ PCAOB Rule 3501(a)(iii)(1).
    \8\ PCAOB Rule 3501(a)(iii)(2).
---------------------------------------------------------------------------

    Rule 3523 relates to services provided to individuals and not the
audit clients. The Board adopted Rule 3523 because ``the provision of
tax services by the auditor to the senior management responsible for
the audit client's financial reporting creates an unacceptable
appearance of the auditor and such senior management having a mutual
interest.'' \9\ In discussing this concern, however, the Board's
release did not explore whether the provision of these tax services
during the audit period but before becoming the auditor of record
presents the same appearance issues as the auditor's provision of such
services while serving as the auditor of record. In addition, while the
Board received comment on this rule, commenters did not explicitly
address this matter. Since the PCAOB did not solicit comments relating
to this matter, it adopted an amendment to the rule delaying the
implementation of this part of the rule and issued a concept release to
solicit comments to determine whether restrictions during this period
unreasonably limit issuers' ability to change audit firms. On December
14, 2006, the Commission issued a notice of the PCAOB's rule amendment
for Rule 3523, as it applies to tax services provided during the period
subject to the audit but before the professional engagement period, so
that the Board could revisit this aspect of the rule.\10\
---------------------------------------------------------------------------

    \9\ PCAOB Release No. 2005-014 .
    \10\ PCAOB Release No. 2006-006.
---------------------------------------------------------------------------

    On April 3, 2007, the Board issued that concept release.\11\ The
Board also adopted a rule amendment further delaying the implementation
of Rule 3523 to apply to tax services provided on or before July 31,
2007 when those services are provided during the audit period and are
completed before the professional engagement period begins.
---------------------------------------------------------------------------

    \11\ PCAOB Release No. 2007-001.
---------------------------------------------------------------------------

    On July 24, 2007, the Board proposed an amendment to Rule 3523 \12\
to exclude the portion of the audit period that precedes the beginning
of the professional engagement period, as well as a new ethics and
independence rule regarding communication with audit committees.
Concurrent with issuing the proposed rule and rule amendment, the Board
also adopted a rule amendment to further delay the implementation of
Rule 3523 to apply to tax services provided on or before April 30, 2008
when those services are provided during the audit period and are
completed

before the professional engagement period begins.
---------------------------------------------------------------------------

    \12\ PCAOB Release No. 2007-008.
---------------------------------------------------------------------------

    On April 22, 2008, the Board adopted the amendment to PCAOB Rule
3523 to exclude the portion of the audit period that precedes the
beginning of the professional engagement period and a rule amendment to
further delay the implementation date for that portion of Rule 3523
until December 31, 2008.
    The proposed amendment to PCAOB Rule 3523 provides that the Board
will not apply Rule 3523 to tax services when those services are
provided during the audit period and are completed before the
professional engagement period begins. Rule 3523 continues to apply to
tax services provided during the professional engagement period.
    Pursuant to the requirements of Section 107(b) of the Act and
Section 19(b) of the Securities Exchange Act of 1934 (the ``Exchange
Act''), the Commission published the PCAOB's proposed Ethics and
Independence Rule 3526, Communication with Audit Committees Concerning
Independence, conforming amendments to its interim standard ISB No. 1
and two related interpretations, and amendment to Rule 3523, Tax
Services for Persons in Financial Reporting Oversight Roles for public
comment in the Federal Register on July 14, 2008.\13\
---------------------------------------------------------------------------

    \13\ See SEC Release No. 34-58121 (Jul. 9, 2008); 73 FR 40418
(Jul. 14, 2008).
---------------------------------------------------------------------------

III. Discussion

    The Commission received two comment letters relating to proposed
Rule 3526, both of which were generally supportive of the proposed
rule.\14\ One of the firms, however, expressed concerns relating to the
timing of the required communication of Rule 3526 and its effect on an
auditor's participation in the activities associated with an initial
public offering. The firm also expressed concerns about the difference
between the ``audit and professional engagement period'' referenced in
the SEC's independence rules and Rule 3526's requirement to communicate
matters that may have existed outside of this time period. The firm
requested that the Commission include clarifying commentary in its
approval order regarding these matters and urged the PCAOB to issue
additional interpretive guidance to aid in the consistent application
of the rules.
---------------------------------------------------------------------------

    \14\ Ernst & Young LLP and Deloitte & Touche LLP.
---------------------------------------------------------------------------

    The PCAOB carefully considered the commenter's concerns before it
adopted Rule 3526 and addressed those concerns in its adopting release.
We do not believe that any clarifying commentary is necessary at this
time. We encourage the PCAOB to carefully monitor the implementation of
Rule 3526 and to provide appropriate guidance if it is needed in the
future.
    The Commission received three comment letters relating to the
proposed amendment to Rule 3523. Two of the commenters were supportive
of the amendment to Rule 3523.\15\ The other commenter \16\ expressed
concern that Rule 3523 ``put[s] a huge burden on smaller companies and
larger tax firms'' because some companies could have large numbers of
employees and chances are that some of those employees could be
receiving tax services from potential external auditors. While
purportedly outside the scope of the proposed amendment, which in fact
limits the scope of the rule to a narrower period of just the
professional engagement period, it should also be noted that Rule 3523
applies only to persons in a financial reporting oversight role (FROR).
This term is defined in PCAOB Rule 3501 as:

    \15\ Ernst & Young LLP and Deloitte & Touche LLP.
    \16\ Matthew L. Garzia, Student, Business Management, Tappan,
New York.

    [A] role in which a person is in a position to or does exercise
influence over the contents of the financial statements or anyone
who prepares them, such as when the person is a member of the board
of directors or similar management or governing body, chief
executive officer, president, chief financial officer, chief
operating officer, general counsel, chief accounting officer,
controller, director of internal audit, director of financial
---------------------------------------------------------------------------
reporting, treasurer, or any equivalent position.

Rule 3523 is further limited to exclude persons (i) who are in a FROR
only because he or she serves as a member of the board of directors or
similar management or governing body of the audit client, (ii) who are
in FROR at affiliates if the affiliate's financial statements are
immaterial or audited by a different auditor and (iii) who received tax
services before being hired or promoted into a FROR if the services are
completed on or before 180 days after the hiring or promotion event.
    The PCAOB is not proposing to change the persons subject to Rule
3523 in its proposing amendment. The PCAOB gave careful consideration
to the issues raised by the commenter prior to Rule 3523's adoption by
the Board.
    PCAOB Rules 3526 and 3523, including the proposed amendment to Rule
3523 and the conforming amendments to the interim standards, are a
reasonable exercise of the Board's rule-making authority under the Act.

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
PCAOB's proposed Ethics and Independence Rule 3526, Communication with
Audit Committees Concerning Independence, conforming amendments to its
interim standard ISB No. 1 and two related interpretations, and
amendment to Rule 3523, Tax Services for Persons in Financial Reporting
Oversight Roles, are consistent with the requirements of the Act and
the securities laws and are necessary and appropriate in the public
interest and for the protection of investors.
    It is therefore ordered, pursuant to Section 107 of the Act and
Section 19(b)(2) of the Exchange Act, that the proposed rule changes
(File No. PCAOB-2008-03) be, and hereby are, approved.

    By the Commission.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-19989 Filed 8-27-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Notices]
[Pages 51695-51696]
[FR Doc No: 2022-18124]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2265]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before November 21, 2022.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2265, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Mitchell County, Kansas and Incorporated Areas
          Project: 20-07-0025S Preliminary Date: April 29, 2022
------------------------------------------------------------------------
City of Beloit.........................  Municipal Building, 119 North
                                          Hersey Avenue, Beloit, KS
                                          67420.
City of Cawker City....................  City Hall, 804 Locust Street,
                                          Cawker City, KS 67430.
City of Glen Elder.....................  City Hall, 213 South Market
                                          Street, Glen Elder, KS 67446.
City of Hunter.........................  City Hall, 1776 1st Street,
                                          Hunter, KS 67452.
City of Scottsville....................  Mitchell County Emergency
                                          Management Office, 114 South
                                          Campbell Avenue, Beloit, KS
                                          67420.
City of Simpson........................  Simpson City Hall, 107 North
                                          Elkhorn Street, Beloit, KS
                                          67420.
Unincorporated Areas of Mitchell County  Mitchell County Emergency
                                          Management Office, 114 South
                                          Campbell Avenue, Beloit, KS
                                          67420.
------------------------------------------------------------------------

[FR Doc. 2022-18124 Filed 8-22-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: August 12, 2009 (Volume 74, Number 154)]
[Rules and Regulations]
[Page 40484-40488]
[DOCID:fr12au09-6]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0464; Directorate Identifier 2008-NM-189-AD;
Amendment 39-15992; AD 2008-16-09 R1]
RIN 2120-AA64

Airworthiness Directives; Short Brothers Model SD3-60 Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are revising an existing airworthiness directive (AD) for
the products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    There have been several occurrences of cracked elevator trim tab
balance weight attachment brackets, on one occasion, the elevator
trim tab mass balance weight bracket separated from the aircraft.
The loss of an elevator trim tab mass balance weight bracket has the
potential to cause damage to an aircraft, or cause serious injury to
personnel.
* * * * *
    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective September 16, 2009.
    The Director of the Federal Register previously approved the
incorporation by reference of certain publications listed in this AD as
of September 15, 2008 (73 FR 46543, August 11, 2008).
    The Director of the Federal Register previously approved the
incorporation by reference of a certain publication listed in this AD
as of March 14, 2005 (70 FR 9212, February 25, 2005).
    The Director of the Federal Register previously approved the
incorporation by reference of a certain other publication listed in
this AD as of September August 3, 2004 (69 FR 38813, June 29, 2004).

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD to revise AD 2008-16-09, amendment 39-15627
(73 FR 46543, August 11, 2008). The existing AD applies to the products
identified in this AD. The NPRM was published in the Federal Register
on May 20, 2009 (74 FR 23668). That NPRM proposed to correct an unsafe
condition for the specified products.
    Since we issued AD 2008-16-09, Short Brothers advised that SD3-07-
6011xA brackets manufactured in 2005 or later have a life limit of
28,800 flight hours, per Section 5-00-02 of the Short Brothers SD360
Aircraft Maintenance Manual (AMM), and as noted in Appendix 1 of Shorts
Alert Service Bulletin SD360-55-A21, Revision 1, dated March 29, 2007.
In light of this, we have revised the existing AD to extend the life
limit of any balance weight bracket from 1,750 flight hours to 28,800
flight hours. You may obtain further information by examining European
Aviation Safety Agency Airworthiness Directive 2007-0107-E, dated April
18, 2007 (referred to after this as ``the MCAI''), in the AD docket.
    In addition, we removed paragraphs (f) and (l)(1) of the existing
AD from this AD. Those paragraphs defined the use of the term ``service
bulletin,'' as used in the AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information

provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 21 products of U.S. registry.
We also estimate that it will take about 8 to 12 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $80 per work-hour. Required parts will cost about $632 to $864
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to U.S.
operators to be between $26,712 and $38,304, or between $1,272 and
$1,824 per product.

Authority for This Rulemaking

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

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 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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-15627 (73 FR
46543, August 11, 2008) and adding the following new AD:

2008-16-09 R1 Short Brothers PLC: Amendment 39-15992. Docket No.
FAA-2009-0464; Directorate Identifier 2008-NM-189-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective
September 16, 2009.

Affected ADs

    (b) This AD revises AD 2008-16-09.

Applicability

    (c) This AD applies to all Shorts Model SD3-60 airplanes,
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 55:
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
(i.e., European Aviation Safety Agency Airworthiness Directive 2007-
0107-E, dated April 18, 2007) states:

    There have been several occurrences of cracked elevator trim tab
balance weight attachment brackets, on one occasion, the elevator
trim tab mass balance weight bracket separated from the aircraft.
The loss of an elevator trim tab mass balance weight bracket has the
potential to cause damage to an aircraft, or cause serious injury to
personnel.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2004-13-08, Amendment 39-13690, With
Revised Service Information

Initial Inspection

    (g) Within 2 months after August 3, 2004 (the effective date of
AD 2004-13-08, amendment 39-13690): Do a dye penetrant inspection
for cracking in the welded joints of the balance weight brackets for
the left and right elevator trim tabs, in accordance with the
Accomplishment Instructions of Short Brothers Service Bulletin
SD360-55-20, dated June 26, 2003; Shorts Service Bulletin SD360-55-
20, Revision 1, dated June 20, 2005; or Shorts Service Bulletin
SD360-55-20, Revision 2, dated March 29, 2007.

Investigative and Corrective Actions if No Cracking Is Found

    (h) If no cracking is found during the inspection required by
paragraph (g) of this AD, do the actions required by paragraphs
(h)(1) and (h)(2) of this AD at the applicable compliance times.
    (1) Repeat the inspection required by paragraph (g) of this AD
at intervals not to exceed 4,800 flight hours until the bracket is
replaced per paragraph (h)(2) or (i) of this AD.
    (2) Prior to the accumulation of 28,800 total flight hours, or
within 6 months after August 3, 2004, whichever occurs later:
Replace any bracket that has not been replaced per paragraph (i) of
this AD with a new bracket or with a serviceable bracket that has
been inspected in accordance with paragraph (g) of this AD. Replace
in accordance with the Accomplishment Instructions of Short Brothers
Service Bulletin SD360-55-20, dated June 26, 2003; Shorts Service
Bulletin SD360-55-20, Revision 1, dated June 20, 2005; or Shorts
Service Bulletin SD360-55-20, Revision 2, dated March 29, 2007.
Replacement of the brackets constitutes terminating action for the
repetitive inspections required by paragraph (h)(1) of this AD.

Corrective Actions if Any Cracking Is Found

    (i) If any cracking is found during any inspection required by
paragraph (g) or (h) of this AD: Before further flight, accomplish
the applicable action in paragraph (i)(1) or (i)(2)

of this AD in accordance with the Accomplishment Instructions of
Short Brothers Service Bulletin SD360-55-20, dated June 26, 2003;
Shorts Service Bulletin SD360-55-20, Revision 1, dated June 20,
2005; or Shorts Service Bulletin SD360-55-20, Revision 2, dated
March 29, 2007.
    (1) For airplanes that have accumulated less than 28,800 flight
hours and on which all cracking on brackets is less than 0.25 inch
in length: Repair the affected bracket in accordance with Part B of
the Accomplishment Instructions of Short Brothers Service Bulletin
SD360-55-20, dated June 26, 2003; Shorts Service Bulletin SD360-55-
20, Revision 1, dated June 20, 2005; or Shorts Service Bulletin
SD360-55-20, Revision 2, dated March 29, 2007 (including the
additional dye penetrant inspection of the repaired welded joint);
and repeat the inspection required by paragraph (g) of this AD at
intervals not to exceed 4,800 flight hours; or replace the bracket
in accordance with paragraph (h)(2) of this AD. Replacement of the
bracket constitutes terminating action for the repetitive
inspections.
    (2) For any airplane on which any cracking on a bracket is 0.25
inch in length or greater, and for any airplane that has accumulated
28,800 flight hours or more on which any cracking of any length is
found on a bracket: Replace the affected bracket with a new bracket
or with a serviceable bracket that has been inspected in accordance
with paragraph (g) of this AD. Replacement of the bracket
constitutes terminating action for the repetitive inspections
required by paragraph (i)(1) of this AD.

Refitting

    (j) Before further flight, following any inspection per
paragraph (g) or (h) of this AD; or before further flight following
repair or replacement of a bracket per paragraph (h)(2) or (i) of
this AD: Refit the balance weights, covers, and trim tabs, in
accordance with the Accomplishment Instructions of Short Brothers
Service Bulletin SD360-55-20, dated June 26, 2003; Shorts Service
Bulletin SD360-55-20, Revision 1, dated June 20, 2005; or Shorts
Service Bulletin SD360-55-20, Revision 2, dated March 29, 2007.
Where the Accomplishment Instructions of Short Brothers Service
Bulletin SD360-55-20, dated June 26, 2003; Shorts Service Bulletin
SD360-55-20, Revision 1, dated June 20, 2005; or Shorts Service
Bulletin SD360-55-20, Revision 2, dated March 29, 2007; specify to
contact the manufacturer for disposition of certain conditions while
refitting, obtain further disposition instructions from the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent).

Parts Installation

    (k) As of August 3, 2004, no person may install on any airplane
a balance weight bracket unless the welded joint has been inspected
in accordance with paragraph (g) of this AD.

Restatement of Requirements of AD 2005-04-13, Amendment 39-13985, With
Revised Service Information

Return of Parts to Manufacturer Not Required

    (l) Although the Accomplishment Instructions of Short Brothers
Alert Service Bulletin SD360-55-A21, dated December 16, 2004; or
Shorts Alert Service Bulletin SD360-55-A21, Revision 1, dated March
29, 2007; specify to return subject parts to the manufacturer, this
AD does not include that requirement.

Repetitive Inspections

    (m) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-07-6011xA, and having a
serial number beginning with ``X3'' or ``X4'': Prior to the
accumulation of 250 flight hours since installation of the subject
balance weight bracket of the elevator trim tab, or within 30 flight
hours after March 14, 2005 (the effective date of AD 2005-04-13),
whichever is later, do a dye penetrant inspection for cracking of
the balance weight brackets for the left and right elevator trim
tabs, in accordance with Short Brothers Alert Service Bulletin
SD360-55-A21, dated December 16, 2004; or Shorts Alert Service
Bulletin SD360-55-A21, Revision 1, dated March 29, 2007.
    (1) For a balance weight bracket on which no cracking is found:
Do paragraph (o) of this AD, and repeat the inspection thereafter at
intervals not to exceed 250 flight hours until paragraph (n) of this
AD is accomplished.
    (2) For a balance weight bracket on which any cracking is found:
Before further flight, replace the bracket with a new or reworked
balance weight bracket that conforms to the approved design
standard, in accordance with Short Brothers Alert Service Bulletin
SD360-55-A21, dated December 16, 2004; or Shorts Alert Service
Bulletin SD360-55-A21, Revision 1, dated March 29, 2007; and do
paragraph (o) of this AD.

Optional Terminating Action

    (n) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-07-6011xA, and having a
serial number beginning with ``X3'' or ``X4'': Replacement of any
subject balance weight bracket with a new or reworked balance weight
bracket that conforms to the approved design standard, in accordance
with the Accomplishment Instructions of Short Brothers Alert Service
Bulletin SD360-55-A21, dated December 16, 2004; or Shorts Alert
Service Bulletin SD360-55-A21, Revision 1, dated March 29, 2007;
constitutes terminating action for the repetitive inspections
required by paragraph (m) of this AD for the replaced bracket.

Refitting

    (o) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-07-6011xA, and having a
serial number beginning with ``X3'' or ``X4:'' Before further flight
following any inspection or replacement of a bracket in accordance
with paragraphs (m) and (n) of this AD: Refit the balance weights,
covers, and trim tabs, in accordance with the Accomplishment
Instructions of Short Brothers Alert Service Bulletin SD360-55-A21,
dated December 16, 2004; or Shorts Alert Service Bulletin SD360-55-
A21, Revision 1, dated March 29, 2007. Where the Accomplishment
Instructions of Short Brothers Alert Service Bulletin SD360-55-A21,
dated December 16, 2004; or Shorts Alert Service Bulletin SD360-55-
A21, Revision 1, dated March 29, 2007; specify to contact the
manufacturer for disposition of certain conditions while refitting,
obtain further disposition instructions from the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent).

Parts Installation

    (p) For all airplanes: As of March 14, 2005, no person may
install, on any airplane subject to this AD, a balance weight
bracket having part number SD3-07-6011xA, and having a serial number
beginning with ``X3'' or ``X4,'' unless the bracket is also marked
``Rework batch number R-Bxxxxx'' (where ``xxxxx'' is a number).

Restatement of Requirements of AD 2008-16-09, Amendment 39-15627, With
Extended Repetitive Interval in Paragraph (q)(2) of This AD

Inspection(s) and Replacements

    (q) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-07-6011xA manufactured in
the year 2003 or 2004, including reworked brackets, installed in
accordance with paragraph (h)(2), (i)(2), or (n) of this AD, as
applicable: Do the actions specified in paragraphs (q)(1) and (q)(2)
of this AD in accordance with Parts A and B of the Accomplishment
Instructions of Shorts Alert Service Bulletin SD360-55-A21, Revision
1, dated March 29, 2007.
    (1) Within 30 flight hours after September 15, 2008 (the
effective date of AD 2008-16-09) or within 250 flight hours since
installation of the balance weight brackets of the elevator trim
tabs or since the last inspection required by paragraph (g), (h)(1),
(i)(1), or (m) of this AD, whichever occurs later: Do a dye
penetrant inspection to detect cracks of the balance weight brackets
of the elevator trim tabs.
    (i) If no crack is detected, repeat the dye penetrant inspection
at intervals not to exceed 250 flight hours, until the replacement
required by paragraph (q)(2) of this AD is done.
    (ii) If any crack is detected, before further flight, do the
replacement specified in paragraph (q)(2) of this AD.
    (2) Before the accumulation of 1,750 flight hours since
installation of the balance weight brackets of the elevator trim
tabs, or within 180 days after September 15, 2008, whichever occurs
later: Replace the balance weight brackets with new balance weight
brackets manufactured in 2005 or later. Thereafter, replace any
balance weight bracket with a new bracket manufactured in 2005 or
later at intervals not to exceed the accumulation of 28,800 flight
hours on that bracket. Accomplishment of the initial replacement
ends the repetitive inspection requirements of this AD.

    (r) For airplanes equipped with balance weight brackets of the
elevator trim tabs having part number SD3-31-6213xB inspected in
accordance with paragraph (g), (h)(1), or (i)(1) of this AD and
retained or refitted following approved repair in accordance with
paragraph (j) of this AD: Do the actions specified in paragraphs
(r)(1) and (r)(2) of this AD in accordance with Parts A and B of the
Accomplishment Instructions of Shorts Alert Service Bulletin SD360-
55-20, Revision 2, dated March 29, 2007.
    (1) Within 4,800 flight hours since last inspection, or within
180 days after September 15, 2008, whichever occurs later, and
thereafter at intervals not to exceed 4,800 flight hours: Do a dye
penetrant inspection to detect cracks of the balance weight brackets
of the elevator trim tabs.
    (i) If no crack is detected, repeat the dye penetrant inspection
at intervals not to exceed 4,800 flight hours, until the replacement
required by paragraph (r)(2) of this AD is done.
    (ii) If any crack is detected, before further flight, do the
replacement specified in paragraph (r)(2) of this AD.
    (2) Before the accumulation of 28,800 flight hours since any
balance weight bracket of the elevator trim tabs is new, or within
180 days after September 15, 2008, whichever occurs later: Replace
the balance weight brackets with new balance weight brackets
manufactured in 2005 or later. Thereafter, replace any balance
weight bracket with a new bracket manufactured in 2005 or later at
intervals not to exceed the accumulation of 28,800 flight hours on
that bracket. Accomplishment of the initial replacement ends the
repetitive inspection requirements of this AD.

Part Installation

    (s) For all airplanes: As of September 15, 2008, no person may
install, on any airplane, a balance weight bracket of the elevator
trim tab manufactured earlier than 2005.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (t) 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. Send information to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (u) Refer to MCAI EASA Airworthiness Directive 2007-0107-E,
dated April 18, 2007, and the service bulletins identified in Table
1 of this AD for related information.

                  Table 1--Related Service Information
------------------------------------------------------------------------
           Document                Revision               Date
------------------------------------------------------------------------
Short Brothers Alert Service   Original.......  December 16, 2004.
 Bulletin SD360-55-A21.
Short Brothers Service         Original.......  June 26, 2003.
 Bulletin SD360-55-20.
Shorts Alert Service Bulletin  1..............  March 29, 2007.
 SD360-55-A21.
Shorts Service Bulletin SD360- 1..............  June 20, 2005.
 55-20.
Shorts Service Bulletin SD360- 2..............  March 29, 2007.
 55-20.
------------------------------------------------------------------------

Material Incorporated by Reference

    (v) You must use the service information contained in Table 2 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise. If you do the optional terminating action
specified in this AD, you must use the service information specified
in Table 3 of this AD to do that action, unless the AD specifies
otherwise.

    Table 2--Material Incorporated by Reference for Required Actions
------------------------------------------------------------------------
           Document                Revision               Date
------------------------------------------------------------------------
Short Brothers Alert Service   Original.......  December 16, 2004.
 Bulletin SD360-55-A21.
Short Brothers Service         Original.......  June 26, 2003.
 Bulletin SD360-55-20.
Shorts Alert Service Bulletin  1..............  March 29, 2007.
 SD360-55-A21.
Shorts Service Bulletin SD360- 1..............  June 20, 2005.
 55-20.
Shorts Service Bulletin SD360- 2..............  March 29, 2007.
 55-20.
------------------------------------------------------------------------

    Table 3--Material Incorporated by Reference for Optional Actions
------------------------------------------------------------------------
           Document                Revision               Date
------------------------------------------------------------------------
Short Brothers Alert Service   Original.......  December 16, 2004.
 Bulletin SD360-55-A21.
Shorts Alert Service Bulletin  1..............  March 29, 2007.
 SD360-55-A21.
------------------------------------------------------------------------

     (1) On September 15, 2008 (73 FR 46543, August 11, 2008), the
Director of the Federal Register previously approved the
incorporation by reference of Shorts Alert Service Bulletin SD360-
55-A21, Revision 1, dated March 29, 2007; Shorts Service Bulletin
SD360-55-20, Revision 1, dated June 20, 2005; and Shorts Service
Bulletin SD360-55-20, Revision 2, dated March 29, 2007.
    (2) On March 14, 2005 (70 FR 9212, February 25, 2005), the
Director of the Federal Register previously approved the
incorporation by reference of Short Brothers Alert Service Bulletin
SD360-55-A21, dated December 16, 2004.
    (3) On August 3, 2004 (69 FR 38813, June 29, 2004), the Director
of the Federal Register previously approved the incorporation by
reference of Short Brothers Service Bulletin SD360-55-20, dated June
26, 2003.

    (4) For service information identified in this AD, contact Short
Brothers PLC, Airworthiness, P.O. Box 241, Airport Road, Belfast BT3
9DZ, Northern Ireland; telephone +44(0)2890-462469; fax +44(0)2890-
468444; e-mail<EMAIL_ADDRESS>Internet
http://www.bombardier.com.
    (5) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (6) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on August 3, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-19181 Filed 8-11-09; 8:45 am]

BILLING CODE 4910-13-P