[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5276-5277]
[FR Doc No: 2011-1927]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0596; FRL-9249-2]

Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) portion of the
California State Implementation Plan (SIP). These revisions were
proposed in the Federal Register on August 2, 2010 and concern oxides
of nitrogen (NOX) from boilers, steam generators and process
heaters with a rated heat input from 0.75 to less than 2.0 MMbtu/hr. We
are approving a local rule that regulates these emission sources under
the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on March 2, 2011.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2010-0596 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Idalia Perez, EPA Region IX, (415)
942-3248<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On August 2, 2010 (75 FR 45080), EPA proposed to approve the
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
            Local agency               Rule No.           Rule title               Adopted          Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD............................       4308  Boilers, Steam Generators            12/17/09          05/17/10
                                                  and Process Heaters--0.075
                                                  MMBtu/hr to less than 2.0
                                                  MMbtu/hr.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it
complied with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted rule complies with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
this rule into the California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not interfere with Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) because EPA lacks the discretionary authority to
address environmental justice in this rulemaking.

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 1, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.

    Dated: December 21, 2010.
Keith Takata,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(379)(i)(C) to read
as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (379) * * *
    (i) * * *
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4308, ``Boilers, Steam Generators and Process Heaters --
0.075 MMBtu/hr to less than 2.0 MMbtu/hr,'' adopted on December 17,
2009.
* * * * *
[FR Doc. 2011-1927 Filed 1-28-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Proposed Rules]
[Pages 45137-45140]
[FR Doc No: 2014-18373]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0492; Directorate Identifier 2013-NM-134-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This
proposed AD was prompted by a report of two cases of heavy (hard to
move) aileron control caused by aileron cables stuck in a clump of ice
in the wheel bay. This proposed AD would require installing drain tubes
on the center wing rear spar. We are proposing this AD to prevent
accumulated water near or on the aileron control cables, which could
freeze and result in reduced control of the airplane.

DATES: We must receive comments on this proposed AD by September 18,
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.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>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0492; 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 proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, 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:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0492;
Directorate Identifier 2013-NM-134-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0140, dated July 12, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Fokker Services
B.V. Model F.28 Mark 0070 and 0100 airplanes. The MCAI states:

    Two cases have been reported of heavy aileron control caused by
aileron cables stuck in a clump of ice in the wheel bay.
Investigation results revealed that, in case of water accumulation
on the top of the center wing torsion box inside the cabin (zones
171 and 172), the water drains through the existing drain holes/gaps
in the web plates on top of the center wing rear spar. The water
could then accumulate in the area where the aileron control cables
are situated. With the freezing temperatures normally encountered
during flight, ice accretion could occur near or even on the aileron
control cables.
    This condition, if not corrected, could result in reduced
control of the aeroplane.
    For the reasons described above, this [EASA] AD requires the
installation of drain tubes on the center wing rear spar.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0492.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-51-
021, dated April 23, 2013, including the following attachments:
     Fokker Parts List Local SB10051021-XU-B, Revision A,
Sequence 1, dated April 4, 2013;
     Fokker Parts List Supply SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013;
     Fokker Parts List Local SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013;
     Fokker Parts List Supply SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013; and
     Fokker Manual Change Notification MCNM F100-160, dated
April 23, 2013.

The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the actions must be accomplished using a method
approved by the FAA, EASA, or Fokker B.V. Service's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-

approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S.
registry.
    We also estimate that it would take about 8 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $1,380
per product. Based on these figures, we estimate the cost of this
proposed AD on U.S. operators to be $8,240, or $2,060 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 proposed 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 adding the following new airworthiness
directive (AD):

Fokker Services B.V.: Docket No. FAA-2014-0492; Directorate
Identifier 2013-NM-134-AD.

(a) Comments Due Date

    We must receive comments by September 18, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and
0100 airplanes, certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 51, Standard
Practices/Structures.

(e) Reason

    This AD was prompted by a report of two cases of heavy
(difficult to move) aileron control caused by aileron cables stuck
in a clump of ice in the wheel bay. We are issuing this AD to
prevent accumulated water near or on the aileron control cables,
which could freeze and result in reduced control of the airplane.

(f) Compliance

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

(g) Installation of Water Drain Tubes

    Within 36 months after the effective date of this AD, install
water drain tubes on the center wing rear spar, in accordance with
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
51-021, dated April 23, 2013, including the attachments identified
in paragraphs (g)(1) through (g)(5) of this AD.
    (1) Fokker Parts List Local SB10051021-XU-B, Revision A,
Sequence 1, dated April 4, 2013.
    (2) Fokker Parts List Supply SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013.
    (3) Fokker Parts List Local SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
    (4) Fokker Parts List Supply SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
    (5) Fokker Manual Change Notification MCNM F100-160, dated April
23, 2013.
    (h) 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: Tom
Rodriguez, 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) Contacting the Manufacturer: 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 the
European Aviation Safety Agency (EASA); or Fokker Services B.V.'s
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0140, dated July 12, 2013, 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-2014-0492.
    (2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com. 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on July 23, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-18373 Filed 8-1-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Proposed Rules]
[Pages 17955-17957]
[FR Doc No: 2022-06577]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0381; Project Identifier MCAI-2021-01314-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2, AS-
365N2, AS 365 N3, SA-365N, SA-365N1, EC 155B, and EC155B1 helicopters.
This proposed AD was prompted by investigation results from an engine
compartment fire, which determined some of the internal parts of the
engine upper fixed cowling (engine cowling) were painted with finish
paint on top of the primer layer. This proposed AD would require a one-
time inspection of certain part-numbered engine cowlings, and
corrective actions if necessary, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is proposed for incorporation
by reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 13,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find the EASA material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. This material is also
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0381.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0381; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0381; Project Identifier
MCAI-2021-01314-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0265, dated November 23, 2021
(EASA AD 2021-0265), to correct an unsafe condition for Airbus
Helicopters (AH), formerly Eurocopter, Eurocopter France, Aerospatiale,
Sud Aviation, Model SA 365 N, SA 365 N1, AS 365 N2, AS 365 N3, EC 155
B, EC 155 B1, AS 355 E, AS 355 F, AS 355 F1 and AS 355 F2 helicopters,
all serial numbers.
    This proposed AD was prompted by investigation results from an
engine compartment fire, which determined some of the internal parts of
the engine cowling were painted with finish paint on top of the primer
layer. The FAA is proposing this AD to detect finish paint inside the
duct of the engine cowling. The unsafe condition, if not addressed,
could result in fire propagation in case of exposure to high
temperature, damage to the helicopter, and injury to the occupants. See
EASA AD 2021-0265 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0265 requires a one-time inspection of certain part-
numbered engine cowlings (e.g., an affected part as defined in EASA AD
2021-0265) for finish paint and depending on the inspection results,
accomplishment of applicable corrective actions. EASA AD 2021-0265 also
allows an affected part to be installed on any helicopter, provided it
is a serviceable part as defined in EASA AD 2021-0265. Corrective
actions include repainting the affected part and replacing the affected
part.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB)
No. AS355-53.00.38, ASB No. AS365-53.00.65, and ASB No. EC155-53A040,
all Revision 0, and all dated October 27, 2021, which specify
procedures for inspecting the inside of the duct of the engine cowling
for finish paint and corrective actions.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0265, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and EASA AD 2021-0265.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0265 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0265 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0265 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0265. Service information referenced in EASA AD 2021-0265 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0381 after the FAA final
rule is published.

Differences Between This Proposed AD and EASA AD 2021-0265

    Service information referenced in EASA AD 2021-0265 specifies
recording compliance of the applicable ASBs, whereas this proposed AD
would not.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 93 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.
    Inspecting each engine cowling would take about 1 work-hour for an
estimated cost of $85 per helicopter and $7,905 for the U.S. fleet.
    Repainting each engine cowling with primer only would take about 8
work-hours for an estimated cost of $680 per helicopter.
    Replacing an engine cowling with a ``serviceable part'' as defined
in EASA AD 2021-0265 would take about 4 work-hours and parts would cost
up to $7,800 for an estimated cost of up to $8,140 per replacement.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 adding the following new airworthiness
directive:

Airbus Helicopters: Docket No. FAA-2022-0381; Project Identifier
MCAI-2021-01314-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 13, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS355E, AS355F,
AS355F1, AS355F2, AS-365N2, AS 365 N3, SA-365N, SA-365N1, EC 155B,
and EC155B1 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 7110, Engine
Cowling System.

(e) Unsafe Condition

    This AD was prompted by investigation results from an engine
compartment fire, which determined some of the internal parts of the
engine upper fixed cowling (engine cowling) were painted with finish
paint on top of the primer layer. The FAA is issuing this AD to
detect finish paint inside the duct of the engine cowling. The
unsafe condition, if not addressed, could result in fire propagation
in case of exposure to high temperature, damage to the helicopter,
and injury to the occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0265, dated November 23, 2021 (EASA AD 2021-0265).

(h) Exceptions to EASA AD 2021-0265

    (1) Where EASA AD 2021-0265 requires compliance in terms of
flight hours (FH), this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0265 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0265 specifies ``in
accordance with the instructions of paragraph 3.B of the applicable
ASB,'' for this AD replace ``in accordance with the instructions of
paragraph 3.B of the applicable ASB'' with ``in accordance with the
Accomplishment Instructions, paragraphs 3.B.2.a. through 3.B.2.b. of
the applicable ASB.''
    (4) Where paragraph (2) of EASA AD 2021-0265 specifies to
repaint or replace the affected part, replace the text ``repaint
(with primer layer only) that affected part or replace it with a
serviceable part in accordance with the instructions of paragraph
3.B. of the applicable ASB,'' with ``repaint (with primer layer
only) that affected part in accordance with the instructions of
paragraph 3.B.2.b. of the applicable ASB, or replace the affected
part with a `serviceable part' as defined in EASA AD 2021-0265.''
    (5) Where the service information referenced in EASA AD 2021-
0265 specifies ``identify again the engine upper fixed cowling (a),
refer to paragraph 3.C.,'' this AD does require modifying your
helicopter by marking ``ASB No. 53.00.38,'' ``ASB No. 53A40,'' or
``ASB No. 53.00.65,'' as applicable to your helicopter, after the
old P/N on the engine cowling with indelible ink, but does not
require compliance with paragraph 3.C. of the ``applicable ASB'' as
defined in EASA AD 2021-0265.
    (6) Where the service information referenced in EASA AD 2021-
0265 specifies during the interpretation of results from the visual
check of the inside of the duct of the engine cowling, if there is
any finish paint inside the duct, obey with paragraph 3.B.2.b.
(i.e., perform corrective actions) not more than 6 months after you
complied with paragraph 3.B.2.a., for this AD, if there is any
finish paint inside the duct of the engine cowling, perform the
corrective actions not more than 6 months after you complied with
paragraph 3.B.2.a. Work Card 20-04-05-402 (MTC), referenced in the
Accomplishment Instructions, paragraph 3.B.2.b. of the ``applicable
ASB'' as defined in EASA AD 2021-0265 is for reference only and is
not required for the actions in this AD.
    (7) Where the Accomplishment Instructions, paragraph 3.B.2.b of
Airbus Helicopters Alert Service Bulletin (ASB) No. AS365-53.00.65,
and ASB EC155-53A040, both Revision 0, and both dated October 27,
2021, specify to refer to Work Card 53-50-00-402 (MET), or Task 53-
54-00-061(AMM), to remove and install the engine cowling, for this
AD those instructions are for reference only and are not required
for the actions in this AD.
    (9) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0265.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0265
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199, provided no passengers are onboard.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For EASA AD 2021-0265, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find EASA
AD 2021-0265 on the EASA website at https://ad.easa.europa.eu. You
may view this material at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0381.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].

    Issued on March 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-06577 Filed 3-28-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Page 6088]
[FR Doc No: 2016-02221]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on Monday, February
8, 2016, at 1:00 p.m., in the Auditorium (L-002) at the Commission's
headquarters building, to hear oral argument in an appeal from an
initial decision of an administrative law judge by the Respondent,
Bernerd Young (``Young''), former chief compliance officer of Stanford
Group Company (``SGC''). The law judge found that Young was a cause of
violations by SGC of the antifraud provisions of Section 206(2) of the
Investment Advisers Act of 1940 through false and misleading statements
and omissions in marketing materials for ``certificates of deposit''
issued by Stanford International Bank Ltd., an affiliate of SGC. In
addition, the law judge found that Young violated Section 17(a) of the
Securities Act of 1933 and Section 10(b) of the Securities Exchange Act
of 1934 and Rule 10b-5 thereunder in connection with statements
designed to ``attack'' concerns raised about the certificates of
deposit and to ``forestall redemptions and continue sales.'' The law
judge further found that Young aided and abetted and caused violations
of Exchange Act Section 10(b) and Rule 10b-5, Exchange Act Section
15(c)(1), and Advisers Act Sections 206(1) and (2) in connection with
these misrepresentations and omissions.
    Based on her findings, the law judge issued a cease-and-desist
order against Young; barred him from associating with a broker, dealer,
investment adviser, municipal securities dealer, municipal advisor,
transfer agent, or nationally recognized statistical rating
organization; and prohibited him from serving or acting in certain
capacities with respect to an investment company. The law judge also
ordered Young to pay $591,992.46 in disgorgement, with prejudgment
interest, and assessed a third-tier civil penalty of $260,000.
    Young appealed the law judge's findings of violation and the
sanctions imposed. The issues likely to be considered at oral argument
include, among other things, whether Young violated the antifraud
provisions as alleged and, if so, the extent to which he should be
sanctioned for those violations.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: February 1, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-02221 Filed 2-2-16; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Notices]
[Pages 45629-45634]
[FR Doc No: 2012-18710]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0807]

Animal Generic Drug User Fee Rates and Payment Procedures for
Fiscal Year 2013

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the rates
and payment procedures for fiscal year (FY) 2013 generic new animal
drug user fees. The Federal Food, Drug, and Cosmetic Act (the FD&C
Act), as amended by the Animal Generic Drug User Fee Act of 2008
(AGDUFA), authorizes FDA to collect user fees for certain abbreviated
applications for generic new animal drugs, for certain generic new
animal drug products, and for certain sponsors of such abbreviated
applications for generic new animal drugs and/or investigational
submissions for generic new animal drugs. This notice establishes the
fee rates for FY 2013.

FOR FURTHER INFORMATION CONTACT:  Visit the FDA Web site at http://www.fda.gov/ForIndustry/UserFees/AnimalGenericDrugUserFeeActAGDUFA/default.htm or contact Lisa Kable, Center for Veterinary Medicine (HFV-
10), Food and Drug Administration, 7529 Standish Pl., Rockville, MD
20855,<PHONE_NUMBER>. For general questions, you may also email the
Center for Veterinary Medicine (CVM) at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 741 of the FD&C Act (21 U.S.C. 379j-21) establishes three
different types of user fees: (1) Fees for certain types of abbreviated
applications for generic new animal drugs, (2) annual fees for certain
generic new animal drug products, and (3) annual fees for certain
sponsors of abbreviated applications for generic new animal drugs and/
or investigational submissions for generic new animal drugs (21 U.S.C.
379j-21(a)). When certain conditions are met, FDA will waive or reduce
fees for generic new animal drugs intended solely to provide for a
minor use or minor species indication (21 U.S.C. 379j-21(d)).
    For FY 2009 through FY 2013, the FD&C Act establishes aggregate
yearly base revenue amounts for each of these fee categories. Base
revenue amounts established for years after FY 2009 may be adjusted for
workload. Fees for applications, products, and sponsors are to be
established each year by FDA so that the revenue for each fee category
will approximate the level established in the statute, after the level
has been adjusted for workload.
    For FY 2013, the generic new animal drug user fee rates are:
$148,300 for each abbreviated application for a generic new animal
drug; $6,515 for each generic new animal drug product; $63,000 for each
generic new animal drug sponsor paying 100 percent of the sponsor fee;
$47,250 for each generic new animal drug sponsor paying 75 percent of
the sponsor fee; and $31,500 for each generic new animal drug sponsor
paying 50 percent of the sponsor fee. FDA will issue invoices for FY
2013 product and sponsor fees by December 31, 2012. These fees will be
due and payable within 30 days of the issuance of the invoices. The

application fee rates are effective for all abbreviated applications
for a generic new animal drug submitted on or after October 1, 2012,
and will remain in effect through September 30, 2013. Applications will
not be accepted for review until FDA has received full payment of
related application fees and any other fees owed under the Animal
Generic Drug User Fee program.

II. Revenue Amount for FY 2013

A. Statutory Fee Revenue Amounts

    AGDUFA (Title II of Pub. L. 110-316 signed by the President on
August 14, 2008) specifies that the aggregate revenue amount for FY
2013 for abbreviated application fees is $1,809,000 and each of the
other two generic new animal drug user fee categories, annual product
fees and annual sponsor fees, is $2,111,000 each, before any adjustment
for workload is made (see 21 U.S.C. 379j-21(b)).

B. Inflation Adjustment to Fee Revenue Amount

    The amounts established in AGDUFA for each year for FY 2009 through
FY 2013 include an inflation adjustment; therefore, no inflation
adjustment is required.

C. Workload Adjustment Fee Revenue Amount

    For each FY beginning after FY 2009, AGDUFA provides that statutory
fee revenue amounts shall be further adjusted to reflect changes in
review workload (21 U.S.C. 379j-21(c)(1)).
    FDA calculated the average number of each of the four types of
applications and submissions specified in the workload adjustment
provision (abbreviated applications for generic new animal drugs,
manufacturing supplemental abbreviated applications for generic new
animal drugs, investigational generic new animal drug study
submissions, and investigational generic new animal drug protocol
submissions) received over the 5-year period that ended on September
30, 2008 (the base years), and the average number of each of these
types of applications and submissions over the most recent 5-year
period that ended on June 30, 2012.
    The results of these calculations are presented in the first two
columns of table 1 of this document. Column 3 reflects the percent
change in workload over the two 5-year periods. Column 4 shows the
weighting factor for each type of application, reflecting how much of
the total FDA generic new animal drug review workload was accounted for
by each type of application or submission in the table during the most
recent 5 years. Column 5 of table 1 is the weighted percent change in
each category of workload, and was derived by multiplying the weighting
factor in each line in column 4 by the percent change from the base
years in column 3. At the bottom right of table 1, the sum of the
values in column 5 is calculated, reflecting a total change in workload
of negative 17 percent for FY 2013. This is the workload adjuster for
FY 2013.

                                     Table 1--Workload Adjuster Calculation
----------------------------------------------------------------------------------------------------------------
                                                 Column 1 5-
                                                     year       Column 2     Column 3     Column 4     Column 5
                Application type                   average     latest 5-     percent     weighting     weighted
                                                    (base         year        change       factor      percent
                                                    years)      average                                 change
----------------------------------------------------------------------------------------------------------------
Abbreviated New Animal Drug Applications                44.2         24.6          -44       0.4608          -20
 (ANADAs)......................................
Manufacturing Supplements ANADAs...............        114.6        123.6            8       0.2490            2
Generic Investigational Study Submissions......         17.4         21.8           25       0.1921            5
Generic Investigational Protocol Submissions...         21.6         13.2          -39       0.0980           -4
FY 2013 AGDUFA Workload Adjuster...............  ...........  ...........  ...........  ...........          -17
----------------------------------------------------------------------------------------------------------------

    AGDUFA specifies that the workload adjuster may not result in fees
for a fiscal year that are less than the statutory revenue amount (21
U.S.C. 379j-21(c)(1)(B)) for that fiscal year. Because applying the
workload adjuster for FY 2013 would result in fees less than the
statutory amount, the workload adjustment will not be applied in FY
2013. As a result, the statutory revenue amount for each category of
fees for FY 2013 ($1,809,000 for application fees and $2,111,000 for
both product and sponsor fees) becomes the revenue target for the fees
in FY 2013, for a total fee revenue target in FY 2013 of $6,031,000 for
fees from all three categories.

D. Offset for Excess Collections Through FY 2012

    Under the provisions of the FD&C Act, if the cumulative amount of
the fees collected for fiscal years 2009 through 2011, and the amount
of fees estimated to be collected under this section for FY 2012,
exceeds the cumulative amount appropriated for fees for fiscal years
2009 through 2012, the excess will be subtracted from the amount of
fees that FDA would otherwise be authorized to collect for FY 2013
pursuant to the FD&C Act (21 U.S.C. 379j-21(g)(4)).
    Table 2 shows the amounts appropriated for each year from FY 2009
through FY 2012, and the amounts FDA has collected for FY 2009, FY
2010, and FY 2011 as of March 31, 2012, and the amount that FDA
estimated it would collect in FY 2012 when it published the notice of
FY 2012 fees in the Federal Register on August 1, 2011 (76 FR45814).
The bottom line of Table 2 shows the estimated cumulative amount by
which fees collected fell below amounts appropriated for FY 2009
through FY 2012.

    Table 2--Offsets To Be Taken in FY 2013--For FY 2009-2011, Fees Collected Through 3/31/2012; For FY 2012,
                                             Estimate as of 8/1/2011
----------------------------------------------------------------------------------------------------------------
                                                                       Fees
                           Fiscal year                             appropriated   Fees collected    Difference
----------------------------------------------------------------------------------------------------------------
2009............................................................      $4,831,000      $5,099,084        $268,084
2010............................................................       5,106,000       4,392,209       (713,791)
2011............................................................       5,397,000       4,942,876       (454,124)

2012 estimate...................................................       5,706,000       5,706,000               0
                                                                 -----------------------------------------------
    Cumulative Difference Less than Appropriations..............  ..............  ..............       (899,831)
Balance to be Offset in a Subsequent Fiscal Year................  ..............  ..............               0
----------------------------------------------------------------------------------------------------------------

    As can be seen from the above table, no offset is required for the
period FY 2009 through FY 2012 since collections have fallen below the
amounts appropriated in aggregate.

E. Final Year Adjustment

    Under the provisions of the FD&C Act, as amended, the Secretary
may, in addition to the workload adjustment and offset, further
increase the fees and fee revenues if such an adjustment is necessary
to provide for up to 3 months of operating reserves of carryover user
fees for the process for the review of abbreviated applications for
generic new animal drugs for the first 3 months of FY 2014. The
rationale for the amount of this increase shall be contained in the
annual notice establishing fee revenues and fees for FY 2013 (See the
FD&C Act, section 741(c)(2)[21U.S.C. 379j-21(c)(2)]). Table 3 below
estimates the amount of carryover reserve FDA currently estimates to
have available at the end of FY 2013. It begins with the balance
available at the end of FY 2011, rounded to the nearest thousand
dollars, and adds the net prior year collections for the 6 months
ending March 31, 2012. In addition, FDA is keeping aside a reserve of
$200,000 for potential refunds, and a net of $955,000 for the last 2
years of AGDUFA. The amount of carryover balance FDA expects to be
available for obligation at the end of FY 2013 is $3,694,000, as shown
in the last line of Table 3.

    Table 3--Estimated Carryover Balance at the End of FY 2013, After
                               Adjustments
------------------------------------------------------------------------

------------------------------------------------------------------------
Total Carryover Balance End of FY 2011............            $2,727,000
Net Prior Year Fees Collected After 9/30/2011 (3/                212,000
 31/2012).........................................
Reserve for Refunds for FY 2012 and FY 2013.......             (200,000)
Estimated Change to Carryover Balance at the End               1,327,000
 of FY 2012.......................................
Estimated Change to Carryover Balance at the End               (372,000)
 of FY 2013.......................................
Estimated 2013 End of FY Carryover Balance........             3,694,000
------------------------------------------------------------------------

    In FY 2013, FDA expects to spend a total of $6,031,000, the amount
authorized for collection from AGDUFA fees in that year, as shown in
table 4 below. To maintain FY 2013 operations in FY 2014, FDA is
applying an anticipated inflation rate of 2.01 percent to the amount of
fee revenues FDA expects to obligate in FY 2013. This 2.01 percent is
the statutory inflation adjustment to be applied to PDUFA and several
other user fee programs in FY 2013, and the only statutory inflation
adjustment for FDA available at this time; its derivation is published
elsewhere in this issue of the Federal Register where the FY 2013 fees
for the PDUFA user fee program is published. FDA expects to obligate a
total of $6,152,000 in FY 2014--or a total of about $1,538,000 during
the first 3 months of FY 2014, rounded to the nearest thousand dollars.
The available carryover balance at the beginning of FY 2013 is
estimated at $3,694,000, rounded to the nearest thousand dollars. Since
the estimated carryover balance is greater than the amount FDA will
need to operate for the first 3 months of FY 2014, no final year
adjustment is needed.

 Table 4--Estimated Fee Revenue Needed to Sustain FY 2013 Operations for
                      the First 3 Months of FY 2014
------------------------------------------------------------------------

------------------------------------------------------------------------
Estimated Total Spending from Fees in FY 2013...........      $6,031,000
Estimated FY 2014 Inflation Costs at 2.01%..............         121,000
Estimated FY 2014 Funds to Sustain FY 2013 Operations...       6,152,000
Estimated Fees Needed for 3 Months in FY 2014...........       1,538,000
Estimated End-of-FY 2013 Carryover Balance..............       3,694,000
Final Year Adjustment Needed............................               0
------------------------------------------------------------------------

    Since there is no offset nor final year adjustment to be applied in
FY 2013, the AGDUFA revenue targets for FY 2013 remain as set in the
statute: $1,809,000 for application fees and $2,111,000 each for both
product and sponsor fees. The final revenue target for the fees in FY
2013 is $6,031,000 for fees from all three categories.

III. Abbreviated Application Fee Calculations for FY 2013

    The term ``abbreviated application for a generic new animal drug''
is defined in 21 U.S.C. 379j-21(k)(1).

A. Application Fee Revenues and Numbers of Fee-Paying Applications

    The application fee must be paid for abbreviated applications for a
generic new animal drug that is subject to fees under AGDUFA and that
is submitted on or after July 1, 2008. The application fees are to be
set so that they will generate $1,809,000 in fee revenue for FY 2013.
This is the amount set out in the statute.
    To set fees for abbreviated applications for generic new animal
drugs to realize $1,809,000, FDA must first make some assumptions about
the number of fee-paying abbreviated applications it will receive
during FY 2013.
    The Agency knows the number of applications that have been
submitted in previous years. That number fluctuates significantly from
year to year. FDA is making estimates and applying different
assumptions for two types of submissions: Original submissions of
abbreviated applications for generic new animal drugs and
``reactivated'' submissions of abbreviated applications for generic new
animal drugs. Any original submissions of abbreviated applications for
generic new animal drugs that were received by the FDA before July 1,
2008, were not

assessed fees (21 U.S.C. 379j-21(a)(1)(A)). Some of these non-fee-
paying submissions were later resubmitted after July 1 because the
initial submission was not approved by the FDA (i.e. the FDA marked the
submission as incomplete and requested additional non-administrative
information) or because the original submission was withdrawn by the
sponsor. Abbreviated applications for generic new animal drugs
resubmitted after July 1, 2008, are subject to user fees. In this
notice, FDA refers to these resubmitted applications as ``reactivated''
applications.
    Regarding original submissions of abbreviated applications for
generic new animal drugs, FDA is assuming that the number of
applications that will pay fees in FY 2013 will equal 15 percent less
than the average number of submissions over the 5 most recent completed
years (2007-2011). This 15 percent reduction is made because of the
anticipated impact of fees on the number on submissions. The average
number of original submissions of abbreviated applications for generic
new animal drugs over the 5 most recently completed years is 13.2.
Applying a 15 percent reduction to the 13.2 average, the estimate for
original submissions of abbreviated applications for generic new animal
drugs for FY 2013 is 11.2.
    Regarding reactivated submissions of abbreviated applications for
generic new animal drugs, FDA is applying a 90 percent reduction. This
is based on the fact that there were a limited number of original
submissions of abbreviated applications for generic new animal drugs
received by FDA before July 1, 2008, which were not assessed fees. For
these original submissions that were not approved before July 1, 2008,
resubmission to the FDA would trigger an application fee (21 U.S.C.
379j-21(a)(1)(A)). Once these initial original submissions of
abbreviated applications for generic new animal drugs received by the
FDA before July 1, 2008, have either been withdrawn or resubmitted,
``reactivation submissions'' will cease completely. This reduction is
consistent with estimates made when this user fee program was in the
development process. The average number of receipts for reactivated
submission of abbreviated applications for generic new animal drugs
over the 5 most recently completed fiscal years is 10.2. Applying a 90
percent reduction to the 10.2 average, the estimate for reactivated
submissions of abbreviated applications for generic new animal drugs
for FY 2013 is 1. These reductions may not fully account for possible
year to year fluctuations in numbers of fee-paying applications, but
FDA believes that this is a reasonable approach after years of
experience with other user fee programs.
    Based on the previous assumptions, FDA is estimating that it will
receive a total of 12.2 fee paying generic new animal drug applications
in FY 2013 (11.2 original applications and 1 reactivation).

B. Fee Rates for FY 2013

    FDA must set the fee rates for FY 2013 so that the estimated 12.2
abbreviated applications that pay the fee will generate a total of
$1,809,000. To generate this amount, the fee for a generic new animal
drug application, rounded to the nearest hundred dollars, will have to
be $148,300.

IV. Generic New Animal Drug Product Fee Calculations for FY 2013

A. Product Fee Revenues and Numbers of Fee-Paying Products

    The generic new animal drug product fee (also referred to as the
product fee) must be paid annually by the person named as the applicant
in an abbreviated new animal drug application or supplemental
abbreviated application for generic new animal drugs for an animal drug
product submitted for listing under section 510 of the FD&C Act (21
U.S.C. 360), and who had an abbreviated application for a generic new
animal drug or supplemental abbreviated application for a generic new
animal drug pending at FDA after September 1, 2008 (see 21 U.S.C. 379j-
21(a)(2)). The term ``generic new animal drug product'' means each
specific strength or potency of a particular active ingredient or
ingredients in final dosage form marketed by a particular manufacturer
or distributor, which is uniquely identified by the labeler code and
product code portions of the national drug code, and for which an
abbreviated application for a generic new animal drug or supplemental
abbreviated application for a generic new animal drug has been approved
(21 U.S.C. 379j-21(k)(6)). The product fees are to be set so that they
will generate $2,111,000 in fee revenue for FY 2013. This is the amount
set out in the statute and no further adjustments are required for FY
2013.
    To set generic new animal drug product fees to realize $2,111,000,
FDA must make some assumptions about the number of products for which
these fees will be paid in FY 2013. FDA gathered data on all generic
new animal drug products that have been submitted for listing under
section 510 of the FD&C Act, and matched this to the list of all
persons who FDA estimated would have an abbreviated new animal drug
application or supplemental abbreviated application pending after
September 1, 2008. FDA estimates a total of 360 products submitted for
listing by persons who had an abbreviated application for a generic new
animal drug or supplemental abbreviated application for a generic new
animal drug pending after September 1, 2008. Based on this, FDA
believes that a total of 360 products will be subject to this fee in FY
2013.
    In estimating the fee revenue to be generated by generic new animal
drug product fees in FY 2013, FDA is assuming that 10 percent of the
products invoiced, or 36, will not pay fees in FY 2013 due to fee
waivers and reductions. Based on experience with other user fee
programs and the first 4 years of AGDUFA, FDA believes that this is a
reasonable basis for estimating the number of fee-paying products in FY
2013.
    Accordingly, the Agency estimates that a total of 324 (360 minus
36) products will be subject to product fees in FY 2013.

B. Product Fee Rates for FY 2013

    FDA must set the fee rates for FY 2013 so that the estimated 324
products that pay fees will generate a total of $2,111,000. To generate
this amount will require the fee for a generic new animal drug product,
rounded to the nearest 5 dollars, to be $6,515.

V. Generic New Animal Drug Sponsor Fee Calculations for FY 2013

A. Sponsor Fee Revenues and Numbers of Fee-Paying Sponsors

    The generic new animal drug sponsor fee (also referred to as the
sponsor fee) must be paid annually by each person who: (1) Is named as
the applicant in an abbreviated application for a new generic animal
drug, except for an approved application for which all subject products
have been removed from listing under section 510 of the FD&C Act, or
has submitted an investigational submission for a generic new animal
drug that has not been terminated or otherwise rendered inactive and
(2) had an abbreviated application for a generic new animal drug,
supplemental abbreviated application for a generic new animal drug, or
investigational submission for a generic new animal drug pending at FDA
after September 1, 2008 (see 21 U.S.C. 379j-21(k)(7) and 379j-
21(a)(3)). A generic new animal drug sponsor is subject to only one
such fee each fiscal

year (see 21 U.S.C. 379j-21(a)(3)(B)). Applicants with more than 6
approved abbreviated applications will pay 100 percent of the sponsor
fee; applicants with 2 to 6 approved abbreviated applications will pay
75 percent of the sponsor fee; and applicants with 1 or fewer approved
abbreviated applications will pay 50 percent of the sponsor fee (see 21
U.S.C. 379j-21(a)(3)(B)). The sponsor fees are to be set so that they
will generate $2,111,000 in fee revenue for FY 2013. This is the amount
set out in the statute and no adjustments are required for FY 2013.
    To set generic new animal drug sponsor fees to realize $2,111,000,
FDA must make some assumptions about the number of sponsors who will
pay these fees in FY 2013. FDA now has 3 complete years of experience
with collecting these sponsor fees. Based on the number of firms that
meet this definition, and the average number of firms paying fees at
each level over the 3 completed years of AGDUFA (FY 2009-FY 2011) FDA
estimates that in FY 2013, 11 sponsors will pay 100 percent fees, 13
sponsors will pay 75 percent fees, and 33 sponsors will pay 50 percent
fees. That totals the equivalent of 37.25 full sponsor fees (11 times
100 percent or 11, plus 13 times 75 percent or 9.75, plus 33 times 50
percent or 16.5).
    FDA estimates that about 10 percent of all of these sponsors, or
3.73, may qualify for a minor use/minor species waiver.
    Accordingly, the Agency estimates that the equivalent of 33.52 full
sponsor fees (37.25 minus 3.73) are likely to be paid in FY 2013.

B. Sponsor Fee Rates for FY 2013

    FDA must set the fee rates for FY 2013 so that the estimated
equivalent of 33.52 full sponsor fees will generate a total of
$2,111,000. To generate this amount will require the 100 percent fee
for a generic new animal drug sponsor, rounded to the nearest $50, to
be $63,000. Accordingly, the fee for those paying 75 percent of the
full sponsor fee will be $47,250, and the fee for those paying 50
percent of the full sponsor fee will be $31,500.

VI. Fee Schedule for FY 2013

    The fee rates for FY 2013 are summarized in table 5 of this
document.

                       Table 5--FY 2013 Fee Rates
------------------------------------------------------------------------
                                                               Fee rate
         Generic new animal drug user fee category           for FY 2013
------------------------------------------------------------------------
Abbreviated Application Fee for Generic New Animal Drug         $148,300
 Application...............................................
Generic New Animal Drug Product Fee........................        6,515
\1\ 100 Percent Generic New Animal Drug Sponsor Fee........       63,000
\1\ 75 Percent Generic New Animal Drug Sponsor Fee.........       47,250
\1\ 50 Percent Generic New Animal Drug Sponsor Fee.........       31,500
------------------------------------------------------------------------
\(1)\ An animal drug sponsor is subject to only one fee each fiscal
  year.

VII. Procedures for Paying FY 2013 Generic New Animal Drug User Fees

A. Abbreviated Application Fees and Payment Instructions

    The FY 2013 fee established in the new fee schedule must be paid
for an abbreviated new animal drug application subject to fees under
AGDUFA that is submitted on or after October 1, 2012. Payment must be
made in U.S. currency by check, bank draft, or U.S. postal money order
payable to the order of the Food and Drug Administration, by wire
transfer, or by automatic clearing house (ACH) using www.Pay.gov. (The
www.Pay.gov payment option is available to you after you submit a cover
sheet. Click the ``Pay Now'' button). On your check, bank draft, U.S.
or postal money order, please write your application's unique Payment
Identification Number, beginning with the letters ``AG'', from the
upper right-hand corner of your completed Animal Generic Drug User Fee
Cover Sheet. Also write the FDA post office box number (P.O. Box
953877) on the enclosed check, bank draft, or money order. Your payment
and a copy of the completed Animal Generic Drug User Fee Cover Sheet
can be mailed to: Food and Drug Administration, P.O. Box 953877, St.
Louis, MO 63195-3877.
    If payment is made via wire transfer, send payment to U. S.
Department of the Treasury, TREAS NYC, 33 Liberty St., New York, NY
10045, Account Name: Food and Drug Administration, Account Number:
75060099, Routing Number: 021030004, Swift Number: FRNYUS33. You are
responsible for any administrative costs associated with the processing
of a wire transfer. Contact your bank or financial institution
regarding the amount of the fees that need to be paid in addition to
the wire transfer amount.
    If you prefer to send a check by a courier such as Federal Express
or United Parcel Service, the courier may deliver the check and printed
copy of the cover sheet to: U.S. Bank, Attn: Government Lockbox 953877,
1005 Convention Plaza, St. Louis, MO 63101. (Note: This address is for
courier delivery only. If you have any questions concerning courier
delivery contact the U.S. Bank at<PHONE_NUMBER>. This phone number is
only for questions about courier delivery.)
    The tax identification number of the Food and Drug Administration
is 530196965. (Note: In no case should the payment for the fee be
submitted to FDA with the application.)
    It is helpful if the fee arrives at the bank at least a day or two
before the abbreviated application arrives at FDA's Center for
Veterinary Medicine. FDA records the official abbreviated application
receipt date as the later of the following: The date the application
was received by FDA's Center for Veterinary Medicine, or the date U.S.
Bank notifies FDA that your payment in the full amount has been
received, or when the U.S. Department of the Treasury notifies FDA of
payment. U.S. Bank and the United States Treasury are required to
notify FDA within one working day, using the Payment Identification
Number described previously.

B. Application Cover Sheet Procedures

    Step One--Create a user account and password. Log onto the AGDUFA
Web site at http://www.fda.gov/ForIndustry/UserFees/AnimalGenericDrugUserFeeActAGDUFA/ucm137049.htm and scroll down the
page until you find the link ``Create AGDUFA User Fee Cover Sheet.''
Click on that link and follow the directions. For security reasons,
each firm submitting an application will be assigned an organization
identification number, and each user will also be required to set up a
user account and password the first time you use this site. Online
instructions will walk you through this process.
    Step Two--Create an Animal Generic Drug User Fee Cover Sheet,
transmit it to FDA, and print a copy. After logging into your account
with your user name and password, complete the steps required to create
an Animal Generic Drug User Fee Cover Sheet. One cover sheet is needed
for each abbreviated animal drug application. Once you are satisfied
that the data on the cover sheet is accurate and you have finalized the
Cover Sheet, you will be able to transmit it electronically to FDA and
you will be able to print a copy of your cover sheet showing your
unique Payment Identification Number.
    Step Three--Send the Payment for your application as described in
Section VII.A of this document.

    Step Four--Please submit your application and a copy of the
completed Animal Generic Drug User Fee Cover Sheet to the following
address: Food and Drug Administration, Center for Veterinary Medicine,
Document Control Unit (HFV-199), 7500 Standish Pl., Rockville, MD
20855.

C. Product and Sponsor Fees

    By December 31, 2012, FDA will issue invoices and payment
instructions for product and sponsor fees for FY 2013 using this fee
schedule. Fees will be due and payable 30 days after the issuance of
the invoices. FDA will issue invoices in November 2013 for any products
and sponsors subject to fees for FY 2013 that qualify for fees after
the December 2012 billing.

    Dated: July 26, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-18710 Filed 7-31-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Pages 51988-51989]
[FR Doc No: 2012-21130]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG12-100-000.
    Applicants: Ri-Corp. Development, Inc.
    Description: Notice of Self-Certification of EWG Status of Ri-Corp.
Development, Inc.
    Filed Date: 8/16/12.
    Accession Number: 20120816-5040.
    Comments Due: 5 p.m. ET 9/6/12 .
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER12-1204-001.

    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing per 5/17/2012 Order in ER12-1204
regarding Order 755 to be effective 10/1/2012.
    Filed Date: 8/15/12.
    Accession Number: 20120815-5104.
    Comments Due: 5 p.m. ET 9/5/12 .

    Docket Numbers: ER12-1929-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance Filing per 7/31/2012 Order in Docket No.
ER12-1929 to be effective 8/1/2012.
    Filed Date: 8/15/12.
    Accession Number: 20120815-5101.
    Comments Due: 5 p.m. ET 9/5/12 .

    Docket Numbers: ER12-2447-001.
    Applicants: Brookfield Smoky Mountain Hydropower LLC.
    Description: Amendment of Pending Filing 135 to be effective 10/13/
2012.
    Filed Date: 8/16/12.
    Accession Number: 20120816-5036.
    Comments Due: 5 p.m. ET 9/6/12 .

    Docket Numbers: ER12-2453-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: SA 2294 Heritage Garden-ATC GIA J060/J061 to be
effective 8/17/2012.
    Filed Date: 8/16/12.
    Accession Number: 20120816-5022.
    Comments Due: 5 p.m. ET 9/6/12.

    Docket Numbers: ER12-2454-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Company's TO3--Cycle 6 Base
Period Cost of Service, Forecast Period Revenues, True-Up Period
Adjustment, Retail Rate Design, & CAISO Wholesale High Voltage
Transmission Access Charge Components.
    Filed Date: 8/15/12.
    Accession Number: 20120816-0204.
    Comments Due: 5 p.m. ET 9/5/12.

    Docket Numbers: ER12-2455-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.,
MidAmerican Energy Company.
    Description: SA 2245 MidAm-Lake View WDS to be effective 9/1/2012.
    Filed Date: 8/16/12.
    Accession Number: 20120816-5024.
    Comments Due: 5 p.m. ET 9/6/12.

    Docket Numbers: ER12-2456-000.
    Applicants: Ri-Corp. Development, Inc.
    Description: Notice of Succession to be effective 8/17/2012.
    Filed Date: 8/16/12.
    Accession Number: 20120816-5035.
    Comments Due: 5 p.m. ET 9/6/12 .

    Docket Numbers: ER12-2457-000.
    Applicants: Alcoa Power Generating Inc.
    Description: Tapoco OATT Filing to be effective 8/20/2012.
    Filed Date: 8/16/12.
    Accession Number: 20120816-5046.
    Comments Due: 5 p.m. ET 9/6/12.

    Docket Numbers: ER12-2458-000.
    Applicants: PacifiCorp.
    Description: PAC Energy Construction Agreement to Move Projects
into PacifiCorp's BA to be effective 10/16/2012.
    Filed Date: 8/16/12.
    Accession Number: 20120816-5047.
    Comments Due: 5 p.m. ET 9/6/12.
    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA12-5-000.
    Applicants: The City of Lincoln, Nebraska.
    Description: Request for continuation of waiver of Standards of
Conduct for The City of Lincoln, Nebraska, or in the alternative,
request for extension of time to comply with the Standards of Conduct.
    Filed Date: 8/15/12.
    Accession Number: 20120815-5143.
    Comments Due: 5 p.m. ET 9/5/12.

    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
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: August 16, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-21130 Filed 8-27-12; 8:45 am]
BILLING CODE 6717-01-P