[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10686-10687]
[FR Doc No: 2013-03459]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0012, Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
Long-Wheel Base 2005 Mercedes-Benz G-Class (463 Chassis) Multi-Purpose
Passenger Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2005 Long-Wheel Base (LWB) Mercedes-Benz G-class (463 chassis) multi-
purpose passenger vehicles (MPVs) that were not originally manufactured
to comply with all applicable Federal Motor Vehicle Safety Standards
(FMVSS) are eligible for importation into the United States because
they are substantially similar to vehicles that were originally
manufactured for sale in the United States and that were certified by
their manufacturer as complying with the safety standards (the U.S.-
certified version of the 2005 LWB Mercedes-Benz G-class (463 chassis)
MPV) and they are capable of being readily altered to conform to the
standards.

DATE: The closing date for comments on the petition is March 18, 2013.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. Sec.  30115, and of the same model
year as the model of the motor vehicle to be compared, and is capable
of being readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period,

NHTSA decides, on the basis of the petition and any comments that it
has received, whether the vehicle is eligible for importation. The
agency then publishes this decision in the Federal Register.
    G&K Automotive Conversion, Inc. of Santa Ana, California
(G&K)(Registered Importer 90-007) has petitioned NHTSA to decide
whether nonconforming 2005 LWB Mercedes-Benz G-class (Type 463) MPVs
are eligible for importation into the United States. The vehicles which
WETL believes are substantially similar are 2005 LWB Mercedes-Benz G-
class (Type 463) MPVs that were manufactured for importation into and
sale in the United States and certified by their manufacturer as
conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 2005 LWB
Mercedes-Benz G-class (Type 463) MPVs to their U.S.-certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most FMVSS. G&K submitted information with
its petition intended to demonstrate that non-U.S. certified 2005 LWB
Mercedes-Benz G-class (Type 463) MPVs, as originally manufactured,
conform to many FMVSS in the same manner as their U.S. certified
counterparts, or are capable of being readily altered to conform to
those standards. Specifically, the petitioner claims that non-U.S.
certified 2005 LWB Mercedes-Benz G-class (Type 463) MPVs are identical
to their U.S. certified counterparts with respect to compliance with
Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock,
and Transmission Braking Effect; 103 Windshield Defrosting and
Defogging Systems; 104 Windshield Wiping and Washing Systems; 105
Hydraulic and Electric Brake Systems; 106 Brake Hoses; 113 Hood Latch
System; 116 Motor Vehicle Brake Fluids; 119 New Pneumatic Tires; 124
Accelerator Control Systems; 201 Occupant Protection in Interior
Impact; 202 Head Restraints; 204 Steering Control Rearward
Displacement; 205 Glazing Materials; 206 Door Locks and Door Retention
Components; 207 Seating Systems; 209 Seat Belt Assemblies; 210 Seat
Belt Assembly Anchorages; 212 Windshield Mounting; 216 Roof Crush
Resistance; 219 Windshield Zone Intrusion; 225 Child Restraint
Anchorage Systems; and 302 Flammability of Interior Materials.
    The petitioner also contends that the vehicles are capable of being
altered to meet the following standards, in the manner indicated:
    Standard No. 101 Controls and Displays: Replacement of the
instrument cluster with a U.S.-model component and reprogramming and
initializing the vehicle control system to integrate the instrument
cluster and activate the required warning systems.
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Installation of U.S.- model headlamps and front and rear
side marker lamps.
    Standard No. 111 Rearview Mirrors: Replacement of the passenger-
side rearview mirror with a U.S.-model component, or inscription of the
required warning statement on the face of that mirror.
    Standard No. 114 Theft Protection: Reprogramming the vehicle's
control system so that the required warning is activated when the key
is in the ignition and the driver's door is open.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel
Systems: Reprogramming the vehicle's control system and door modules so
that the window transport mechanism is inoperative when the ignition is
turned in the off position.
    Standard No. 120 Tire Selection and Rims for Motor Vehicles Other
than Passenger Cars: Installation of a tire information placard.
    Standard No. 208 Occupant Crash Protection: Reprogramming the
interior control computer to activate the seat belt warning system.
    The petitioner also stated that the vehicles are equipped with an
automatic restraint system that consists of a seat belt warning lamp,
driver and passenger air bags and knee bolsters, air bag crash sensors,
and an air bag control unit. The vehicles are also equipped in the
front and rear outboard seating positions with Type 2 lap and shoulder
belts identical to those found on the vehicle's U.S. certified
counterpart that are self-tensioning and released by means of a single
red push button.
    Standard No. 214Side Impact Protection: Inspection of each vehicle
to ensure it is equipped with door beams that meet the requirements of
the standard.
    Standard No. 301 Fuel System Integrity: Inspection of each vehicle
and replacement of non-U.S. model components with U.S. model components
to meet the requirement of the standard.
    In addition, the petitioner states that a vehicle identification
number (VIN) plate must be installed in the area of the left windshield
post with the vehicle's original VIN identified as a substitute for a
U.S. VIN to meet the requirements of 49 CFR Part 565.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued on: February 11, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-03459 Filed 2-13-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71129-71131]
[FR Doc No: 2016-24840]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32309; File No. 812-14680-01]

The Bank of New York Mellon Trust Company, National Association
and The Bank of New York Mellon; Notice of Application

October 7, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from certain
requirements of rule 3a-7(a)(4)(i) under the Act.

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Summary of Application:  Applicants request an order that would permit
an issuer of asset-backed securities (``ABS'') that is not registered
as an investment company under the Act in reliance on rule 3a-7 under
the Act (an ``Issuer'') to appoint any of the applicants to act as a
trustee in connection with the Issuer's ABS when any such applicant is
affiliated with an underwriter for the Issuer's ABS.

Applicants:  The Bank of New York Mellon Trust Company, National
Association and The Bank of New York Mellon.

Filing Dates:  The application was filed on August 1, 2016.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicant with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on October 31, 2016 and should be accompanied by proof of service
on the applicant, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Brent J. Fields, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants:
Lincoln Finkenberg, Esq., Associate General Counsel & Managing
Director, The Bank of New York Mellon, 225 Liberty Street, New York, NY
10286.

FOR FURTHER INFORMATION CONTACT: Laura J. Riegel, Senior Counsel, at
(202) 551-3038, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.
    Applicants' Representations:
    1. Both applicants are wholly-owned direct subsidiaries of The Bank
of New York Mellon Corporation.\1\ Each applicant is frequently
selected to act as trustee in connection with ABS issued by Issuers.
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    \1\ Applicants also request that the order apply to an Issuer's
future appointment of any other entity controlling, controlled by,
or under common control (as defined in section 2(a)(9) of the Act)
with any of the applicants as a trustee in connection with an
Issuer's ABS. Applicants represent that any other entity that relies
on the order in the future will comply with the terms and conditions
of the application. Any existing entity currently intending to rely
on the requested order has been named as an applicant.
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    2. An ABS transaction typically involves the transfer of assets by
a seller, usually by a ``sponsor,'' to a bankruptcy remote special
purpose corporate or trust entity that is established for the sole
purpose of holding the assets and issuing ABS to investors (an ``ABS
Transaction''). Payments of interest and principal on the ABS depend
primarily on the cash flow generated by the pool of assets owned by the
Issuer.
    3. The parties to an ABS Transaction enter into several transaction
agreements that provide for the holding of the assets by the Issuer and
define the rights and responsibilities of the parties to the
transaction (``Transaction Documents''). The operative Transaction
Document governing the trustee is referred to herein as the
``Agreement.''
    4. The sponsor of an ABS Transaction assembles the pool of assets
by purchasing or funding them, describes them in the offering
materials, and retains the underwriter to sell interests in the assets
to investors. The sponsor determines the structure of the ABS
Transaction and drafts the Transaction Documents. The sponsor selects
the other parties to the ABS Transaction, including the underwriter,
the servicer, and the trustee.
    5. The servicer, either directly or through subservicers, manages
the assets that the Issuer holds. The servicer typically collects all
the income from the assets and remits the income to the trustee. The
trustee uses the income, as instructed by the servicer and/or as
provided by the Agreement, to pay interest and principal on the ABS, to
fund reserve accounts and purchases of additional assets, and to make
other payments including fees owed to the trustee and other parties to
the ABS Transaction.
    6. The sponsor of an ABS Transaction selects the trustee and other
participants in the transaction. In selecting a trustee, the sponsor
generally seeks to obtain customary trust administrative and related
services for the Issuer at minimal cost. In some instances, other
parties to an ABS Transaction may provide recommendations to a sponsor
about potential trustees. An underwriter for an ABS Transaction also
may provide advice to the sponsor about trustee selection based on,
among other things, the underwriter's knowledge of the pricing and
expertise offered by a particular trustee in light of the contemplated
transaction.
    7. If an underwriter affiliated with an applicant recommends a
trustee to a sponsor, both the underwriter's recommendation and any
selection of an applicant by the sponsor will be based upon customary
market considerations of pricing and expertise, among other things, and
the selection will result from an arms-length negotiation between the
sponsor and an applicant. An applicant

will not price its services as a trustee in a manner designed to
facilitate its affiliate being named underwriter.
    8. The trustee's role in an ABS Transaction is specifically defined
by the Agreement, and under the Agreement the trustee is not expected
or required to perform discretionary functions. The responsibilities of
the trustee as set forth in the Agreement are narrowly circumscribed
and limited to those expressly accepted by the trustee. The trustee
negotiates the provisions applicable to it directly with the sponsor
and is then appointed by, and enters into the Agreement with, the
Issuer.
    9. The trustee usually becomes involved in an ABS Transaction after
the substantive economic terms have been negotiated between the sponsor
and the underwriters. The trustee does not monitor any service
performed by, or obligation of, an underwriter, whether or not the
underwriter is affiliated with the trustee. In the unlikely event that
an applicant, in acting as trustee to an Issuer for which an affiliate
acts as underwriter, becomes obligated to enforce any of the affiliated
underwriter's obligations to the Issuer, an applicant will resign as
trustee for the Issuer consistent with the requirements of rule 3a-
7(a)(4)(i). In such an event, an applicant will incur the costs
associated with the Issuer's procurement of a successor trustee.
    10. The sponsor selects one or more underwriters to purchase the
Issuer's ABS and resell them or to place them privately with buyers
obtained by the underwriter. The sponsor enters into an underwriting
agreement with the underwriter that sets forth the responsibilities of
the underwriter with respect to the distribution of the ABS and
includes representations and warranties regarding, among other things,
the underwriter and the quality of the Issuer's assets. The obligations
of the underwriter under the underwriting agreement are enforceable
against the underwriter only by the sponsor.
    11. The underwriter may assist the sponsor in the organization of
an Issuer by providing advice, based on its expertise in ABS
Transactions, on the structuring and marketing of the ABS. This advice
may relate to the risk tolerance of investors, the type of collateral,
the predictability of the payment stream, the process by which payments
are allocated and down-streamed to investors, the way that credit
losses may affect the trust and the return to investors, whether the
collateral represents a fixed set of specific assets or accounts, and
the use of forms of credit enhancements to transform the risk-return
profile of the underlying collateral. Any involvement of an underwriter
in the organization of an Issuer that occurs is limited to helping
determine the assets to be pooled, helping establish the terms of the
ABS to be underwritten, and providing the sponsor with a warehouse line
of credit for the assets to be transferred to the Issuer in connection
with, and prior to, the related securitization.
    12. An underwriter may provide advice to a sponsor regarding the
sponsor's selection of a trustee for the Issuer. However, an
underwriter's role in structuring a transaction would not extend to
determining the obligations of a trustee, and the underwriter is not a
party to the Agreement or to any of the Transaction Documents. Except
for arrangements involving credit or credit enhancement for an Issuer
or remarketing agent activities, the underwriter typically has no role
in the operation of the Issuer after its issuance of securities.
Applicants represent that although an underwriter typically may provide
credit or credit enhancement for an Issuer or engage in remarketing
agent activities, an underwriter affiliated with an applicant will not
provide or engage in such activities.
    Applicants' Legal Analysis:
    1. Rule 3a-7 excludes from the definition of investment company
under section 3(a) of the Act an Issuer that meets the conditions of
the rule. One of rule 3a-7's conditions, set forth in paragraph
(a)(4)(i), requires that the Issuer appoint a trustee that is not
affiliated with the Issuer or with any person involved in the
organization or operation of the Issuer (the ``Independent Trustee
Requirement''). Rule 3a-7(a)(4)(i) therefore prohibits an Issuer from
appointing a trustee that is affiliated with an underwriter.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule thereunder, if and to the extent such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the Act.
    3. Applicants request exemptive relief under section 6(c) of the
Act from rule 3a-7(a)(4)(i) under the Act to the extent necessary to
permit an Issuer to appoint an applicant as a trustee to the Issuer
when such applicant is affiliated with an underwriter involved in the
organization of the Issuer. Applicants submit that the requested
exemptive relief from the Independent Trustee Requirement is necessary
and appropriate in the public interest and is consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act due to changes in the banking industry, due
to the timing and nature of the roles of the trustee and the
underwriter in ABS Transactions, and because the requested relief is
consistent with the policies and purposes underlying the Independent
Trustee Requirement and rule 3a-7 in general.
    4. Applicants note that when rule 3a-7 was proposed in 1992,
virtually all trustees were unaffiliated with the other parties
involved in an ABS Transaction. Applicants state that consolidation
within the banking industry, as well as economic and other business
factors, has resulted in a significant decrease in the number of bank
trustees providing services to Issuers. Applicants also state that bank
consolidation has been accompanied by the expansion of banks into
investment banking, including the underwriting of ABS Transactions.
Applicants further state that due to these banking industry changes,
most trustees that provide services to Issuers, including an applicant,
have affiliations with underwriters to Issuers. Applicants state that,
as a result, when an affiliate of an applicant is selected to
underwrite ABS in an ABS Transaction, rule 3a-7(a)(4)(i)'s Independent
Trustee Requirement generally prevents applicant from serving as
trustee for the Issuer. Applicants state that the Independent Trustee
Requirement imposes an unnecessary regulatory limitation on trustee
selection and causes market distortions by leading to the selection of
trustees for reasons other than customary market considerations of
pricing and expertise. This result is disadvantageous to the ABS market
and to ABS investors.
    5. Applicants submit that due to the nature and timing of the roles
of the trustee and the underwriter, an applicant's affiliation with an
underwriter would not result in a conflict of interest or possibility
of overreaching that could harm investors. Applicants state that the
trustee's role begins with the Issuer's issuance of its securities, and
the trustee performs its role over the life of the Issuer. Applicants
state that, in contrast, the underwriter is chosen early in the ABS
Transaction process, may help to structure the ABS Transaction,
distributes the Issuer's securities to investors, and generally have no
role subsequent to the distribution of the Issuer's securities.
Applicants further

state that an ABS trustee does not monitor the distribution of
securities or any other activity performed by underwriters and there is
no opportunity for a trustee and an affiliated underwriter to act in
concert to benefit themselves at the expense of holders of the ABS
either prior to or after the closing of the ABS Transaction.
    6. Applicants state that the trustee's role is narrowly defined,
and that the trustee is neither expected nor required to exercise
discretion or judgment except after a default in the ABS transaction,
which rarely occurs. Applicants state that the duties of a trustee
after a default are limited to enforcing the terms of the Agreement for
the benefit of debt holders as a ``prudent person'' would enforce such
interests for his own benefit. Applicants further state that the
trustee of the Issuer has virtually no discretion to pursue anyone in
any regard other than preserving and realizing on the assets. In any
event, applicants state that any role taken by the trustee in the event
of a default would occur after the underwriter has terminated its role
in the transaction.
    7. Applicants submit that the concerns underlying the Independent
Trustee Requirement are not implicated if the trustee for an Issuer is
independent of the sponsor, servicer, and credit enhancer for the
Issuer, but is affiliated with an underwriter for the Issuer, because
in that situation no single entity would act in all capacities in the
issuance of the ABS and the operation of an Issuer. Applicants state
that each applicant would continue to act as an independent party
safeguarding the assets of any Issuer regardless of an affiliation with
an underwriter of the ABS. Applicants submit that the concern that
affiliation could lead to a trustee monitoring the activities of an
affiliate also is not implicated by a trustee's affiliation with an
underwriter, because, in practice, a trustee for an Issuer does not
monitor the distribution of securities or any other activity performed
by underwriters. Applicants further state that the requested relief
would be consistent with the broader purpose of rule 3a-7 of not
hampering the growth and development of the ABS market, to the extent
consistent with investor protection.
    8. Applicants state that the conditions set forth below provide
additional protections against conflicts and overreaching. For example,
the conditions ensure that an applicant will continue to act as an
independent party safeguarding the assets of an Issuer regardless of an
affiliation with an underwriter of the ABS and would not allow the
underwriter any greater access to the assets, or cash flows derived
from the assets, of the Issuer than if there were no affiliation.
    Applicants' Conditions:
    Each applicant agrees that any order granting the requested relief
will be subject to the following conditions:
    1. The applicant will not be affiliated with any person involved in
the organization or operation of the Issuer in an ABS Transaction other
than the underwriter.
    2. The applicant's relationship to the affiliated underwriter will
be disclosed in writing to all parties involved in an ABS Transaction,
including the rating agencies and the ABS holders.
    3. The underwriter affiliated with the applicant will not be
involved in the operation of an Issuer, and the affiliated
underwriter's involvement in the organization of an Issuer will extend
only to determining the assets to be pooled, assisting in establishing
the terms of the ABS to be underwritten, and providing the sponsor with
a warehouse line of credit for the assets to be transferred to the
Issuer in connection with, and prior to, the related securitization.
    4. No affiliated person of the applicant, including the affiliated
underwriter, will provide credit or credit enhancement to an Issuer if
the applicant serves as trustee to the Issuer.
    5. The underwriter affiliated with the applicant will not engage in
any remarketing agent activities, including involvement in any auction
process in which ABS interest rates, yields, or dividends are reset at
designated intervals in any ABS Transaction for which the applicant
serves as trustee to the Issuer.
    6. All of the affiliated underwriter's contractual obligations
pursuant to the underwriting agreement will be enforceable by the
sponsor.
    7. Consistent with the requirements of rule 3a-7(a)(4)(i), the
applicant will resign as trustee for the Issuer if the applicant
becomes obligated to enforce any of the affiliated underwriter's
obligations to the Issuer.
    8. The applicant will not price its services as trustee in a manner
designed to facilitate its affiliate being named underwriter.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2016-24840 Filed 10-13-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Notices]
[Pages 7773-7774]
[FR Doc No: 2021-02014]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0136]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 10
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on December 16, 2020. The
exemptions expire on December 16, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2018-0136 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting

Dockets Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    On December 11, 2020, FMCSA published a notice announcing its
decision to renew exemptions for 10 individuals from the hearing
standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate
commerce and requested comments from the public (85 FR 80219). The
public comment period ended on January 11, 2021, and no comments were
received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in 391.41(b)(11) states that a person is physically qualified to
drive a CMV if that person first perceives a forced whispered voice in
the better ear at not less than 5 feet with or without the use of a
hearing aid or, if tested by use of an audiometric device, does not
have an average hearing loss in the better ear greater than 40 decibels
at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when
the audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 10 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec.  391.41 (b)(11).
    As of December 11, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 10 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (85 FR 80219):

Joshua Cogan (MD)
Ronald Cottrell (OR)
Heath Focken (NE)
Ahmed Gabr (NC)
Daniel Hanson (PA)
Arnold Hatton (DE)
Donte Mason (TN)
Taryn Peterson (IA)
Greivin Salazar (CA)
Eric Woods (MD)

    The drivers were included in docket number FMCSA-2018-0136. Their
exemptions were applicable as of December 16, 2020, and will expire on
December 16, 2022.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-02014 Filed 1-29-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Pages 72875-72876]
[FR Doc No: 2013-28922]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC14-33-000.
    Applicants: Kendall Green Energy Holdings LLC, NRG North America
LLC, NRG Kendall LLC.
    Description: Application of NRG North America LLC and NRG Kendall
LLC for Authorization for Disposition and Merger of Jurisdictional
Facilities Under Section 203(a)(1) of the Federal Power Act and Request
for Expedited Consideration.
    Filed Date: 11/22/13.
    Accession Number: 20131122-5186.
    Comments Due: 5 p.m. ET 12/13/13.

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

    Docket Numbers: ER11-2855-008; ER11-2856-008; ER11-2857-008.
    Applicants: Avenal Park LLC, Sand Drag LLC, Sun City Project LLC.
    Description: Supplement to June 28, 2013 Triennial Market Power
Analysis for the Southwest Region of Avenel Park LLC, et. al.
    Filed Date: 11/22/13.
    Accession Number: 20131122-5190.
    Comments Due: 5 p.m. ET 12/13/13.

    Docket Numbers: ER13-2339-000, ER13-2340-000; ER13-2341-000; ER13-
2342-000; ER13-2343-000; ER13-2344-000; ER13-2345-000; ER13-2346-000;
ER13-2347-000; ER13-2348-000; ER13-2349-000; ER13-2350-000; ER13-2351-
000.
    Applicants: Entergy Arkansas, Inc., Entergy Gulf States Louisiana,
L.L.C, Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New
Orleans, Inc., Entergy Texas, Inc., Entergy Nuclear Palisades, LLC, EWO
Marketing, LLC, Llano Estacado Wind, LLC, Northern Iowa Windpower, LLC,
EAM Nelson Holding, LLC, RS Cogen, LLC, Entergy Power, LLC.
    Description: Entergy Arkansas, Inc., et. al submits Supplement to
September 9, 2013 tariff filing Amended MBR Tariff for MISO.
    Filed Date: 11/21/13.
    Accession Number: 20131121-5223.
    Comments Due: 5 p.m. ET 12/2/13.

    Docket Numbers: ER14-451-000.
    Applicants: Central Maine Power Company.
    Description: Executed Interconnection Agreement with Mid-Maine
Waste Action Corporation to be effective 1/1/2014.
    Filed Date: 11/22/13.
    Accession Number: 20131122-5139.
    Comments Due: 5 p.m. ET 12/13/13.

    Docket Numbers: ER14-452-000.
    Applicants: Maine Electric Power Company.
    Description: Executed E&P Agreement with Number Nine Wind Farm LLC
to be effective 11/22/2013.
    Filed Date: 11/22/13.
    Accession Number: 20131122-5140.
    Comments Due: 5 p.m. ET 12/13/13.

    Docket Numbers: ER14-453-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 3394; Queue No. W3-122 to be effective 11/25/2013.
    Filed Date: 11/22/13.
    Accession Number: 20131122-5145.
    Comments Due: 5 p.m. ET 12/13/13.

    Docket Numbers: ER14-454-000.

    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 2970; Queue No. W3-123 to be effective 11/25/2013.
    Filed Date: 11/22/13.
    Accession Number: 20131122-5146.
    Comments Due: 5 p.m. ET 12/13/13.

    Docket Numbers: ER14-455-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM and FE Service Co. for Green Valley Hydro Submit
Revised Service Agmnts to be effective 12/31/2050.
    Filed Date: 11/22/13.
    Accession Number: 20131122-5163.
    Comments Due: 5 p.m. ET 12/2/13.

    Docket Numbers: ER14-456-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Revisions to the PJM Tariff Att DD Sec 15 re CETL
Easily Resolvable Constraints to be effective 1/22/2014.
    Filed Date: 11/22/13.
    Accession Number: 20131122-5164.
    Comments Due: 5 p.m. ET 12/13/13.

    Docket Numbers: ER14-457-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits Notices of
Cancellation to 4 Ltr Agmts related to SES Solar One Project.
    Filed Date: 11/22/13.
    Accession Number: 20131122-5167.
    Comments Due: 5 p.m. ET 12/13/13.

    Docket Numbers: ER14-458-000.
    Applicants: EmberClear Co.
    Description: Request for Waiver, Shortened Comment Period, and
Expedited Consideration of EmberClear Co. under ER14-458.
    Filed Date: 11/22/13
    Accession Number: 20131122-5192.
    Comments Due: 5 p.m. ET 12/2/13.

    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: November 25, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-28922 Filed 12-3-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 19, 2008 (Volume 73, Number 33)]
[Notices]
[Page 9112]
[DOCID:fr19fe08-41]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

February 12, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP07-672-001.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Eastern Shore Natural Gas Co submits Substitute
Nineteenth Revised Sheet 4 et al to FERC Gas Tariff, Second Revised
Volume 1, to be effective 10/1/07.
    Filed Date: 02/07/2008.
    Accession Number: 20080212-0051.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 19, 2008.

    Docket Numbers: RP08-131-002.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Eastern Shore Natural Gas Co submits Substitute
Twentieth Revised Sheet 4 et al to FERC Gas Tariff, Second Revised
Volume 1, to be effective 1/18/08.
    Filed Date: 02/08/2008.
    Accession Number: 20080212-0050.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 20, 2008.

    Docket Numbers: RP08-178-001.
    Applicants: Southern Natural Gas Company.
    Description: Southern Natural Gas Company Exhibits 1-7 Supplement
to Jan. 31, 2008 Maintenance Capital Surcharge Filing.
    Filed Date: 02/01/2008.
    Accession Number: 20080201-4012.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 19, 2008.

    Docket Numbers: RP08-189-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Questar Overthrust Pipeline Company submits 1st
Revised, Second Revised Sheet 4 to FERC Gas Tariff, Second Revised
Volume 1-A, to be effective 12/15/07.
    Filed Date: 02/06/2008.
    Accession Number: 20080208-0169.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 19, 2008.

    Docket Numbers: RP08-192-000.
    Applicants: Texas Eastern Transmission LP.
    Description: Texas Eastern Transmission, LP submits Fifth Revised
Sheet 543A to FERC Gas Tariff, Seventh Revised Volume 1, to be
effective 3/10/08.
    Filed Date: 02/08/2008.
    Accession Number: 20080211-0006.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 20, 2008.

    Docket Numbers: RP08-194-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Ozark Gas Transmission LLC submits Second Revised
Sheet 69 et al to FERC Gas Tariff, Original Volume 1, to become
effective 4/1/08.
    Filed Date: 02/11/2008.
    Accession Number: 20080212-0071.
    Comment Date: 5 p.m. Eastern Time on Monday, February 25, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-3002 Filed 2-15-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 27, 2008 (Volume 73, Number 125)]
[Rules and Regulations]
[Page 36410-36413]
[DOCID:fr27jn08-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 95

[Docket No. 30615; Amdt. No. 475]

IFR Altitudes; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts miscellaneous amendments to the required
IFR (instrument flight rules) altitudes and changeover points for
certain Federal airways, jet routes, or direct routes for which a
minimum or maximum en route authorized IFR altitude is prescribed. This
regulatory action is needed because of changes occurring in the
National Airspace System. These changes are designed to provide for the
safe and efficient use of the navigable airspace under instrument
conditions in the affected areas.

DATES: Effective Date: 0901 UTC, July 31, 2008.

FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure
Standards Branch (AMCAFS-420), Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125),
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR
altitudes governing the operation of all aircraft in flight over a
specified route or any portion of that route, as well as the changeover
points (COPs) for Federal airways, jet routes, or direct routes as
prescribed in part 95.

The Rule

    The specified IFR altitudes, when used in conjunction with the
prescribed changeover points for those routes, ensure navigation aid
coverage that is adequate for safe flight operations and free of
frequency interference. The reasons and circumstances that create the
need for this amendment involve matters of flight safety and
operational efficiency in the National Airspace System, are related to
published aeronautical charts that are essential to the user, and
provide for the safe and efficient use of the navigable airspace. In
addition, those various reasons or circumstances require making this
amendment effective before the next scheduled charting and publication
date of the flight information to assure its timely availability to the
user. The effective date of this amendment reflects those
considerations. In view of the close and immediate relationship between
these regulatory changes and safety in air commerce, I find that notice
and public procedure before adopting this amendment are impracticable
and contrary to the public interest and that good cause exists for
making the amendment effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 95

    Airspace, Navigation (air).

    Issued in Washington, DC on June 20, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, part 95 of the Federal Aviation Regulations (14 CFR part
95) is amended as follows effective at 0901 UTC, July 31, 2008.

PART 95--[AMENDED]

0
1. The authority citation for part 95 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44719, 44721.

0
2. Part 95 is amended to read as follows:

                                                     Revisions to IFR Altitudes & Changeover Points
                                                                      Amendment 475
                                                              Effective Date July 31, 2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Total      Changeover
                 From/To                     distance     distance            Point from                   Track angle              MEA          MAA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Sec.   95.5000 Ground-Based High Altitude RNAV Routes is Amended to Delete
--------------------------------------------------------------------------------------------------------------------------------------------------------
J888R                                      ...........  ...........  ............................  ...........................  ...........  ...........
    Amott, AK RP.........................        107.0           75  AMOTT.......................  245/065 TO COP.............        28000        45000
    Malos, AK WP.........................  ...........  ...........  ............................  244/064 TO MALOS...........  ...........  ...........
    Malos, AK WP.........................         59.0           32  MALOS.......................  243/063 TO COP.............        28000        45000
    Mousy, AK WP.........................  ...........  ...........  ............................  241/061 TO MOUSY...........  ...........  ...........
    Mousy, AK WP.........................        196.0  ...........  ............................  ...........................        28000        45000
    Ozzie, AK WP.........................  ...........  ...........  ............................  230/050 TO OZZIE...........  ...........  ...........
J996R
    Cape Newenham, AK....................  ...........  ...........  ............................  ...........................        25000        45000
    NDB/DME..............................  ...........  ...........  ............................  ...........................  ...........  ...........
    NERKA, AK WP.........................  ...........  ...........  ............................  ...........................  ...........  ...........
    NERKA, AK WP.........................        129.0  ...........  ............................  ...........................        18000        45000
    CARBU, AK WP.........................  ...........  ...........  ............................  047/227 TO CARBU...........  ...........  ...........
    CARBU, AK WP.........................        114.0           11  CARBU.......................  047/227 TO COP.............        18000        45000
--------------------------------------------------------------------------------------------------------------------------------------------------------

               FROM                           TO                 MEA
------------------------------------------------------------------------
             Sec.   95.1001 Direct Routes--U.S. Color Routes
     Sec.   95.4 Green Federal Airway G2 is Amended To Read in Part
------------------------------------------------------------------------
Borland, AK NDB/DME..............  Woody Island, AK NDB....       *10000
    *6600--MOCA
------------------------------------------------------------------------
                   Sec.   95.6001 Victor Routes--U.S.
                  Sec.   95.6004 VOR Federal Airway V4
------------------------------------------------------------------------
Kansas City, MO VORTAC...........  Lexin, MO FIX...........         2600
Lexin, MO FIX....................  Hallsville, MO VORTAC...        *6000
    *3000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6026 VOR Federal Airway V26 is Amended To Read in Part
------------------------------------------------------------------------
Huron, SD VORTAC.................  Obitt, SD FIX...........        *5000
    *4000--GNSS MEA
Obitt, SD FIX....................  Ghent, MN FIX...........        *6000
    *4000--GNSS MEA
Ghent, MN FIX....................  Redwood Falls, MN VOR/          *5000
                                    DME.
    *4000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6055 VOR Federal Airway V55 is Amended To Read in Part
------------------------------------------------------------------------
Eau Claire, WI VORTAC............  Siren, WI VOR/DME.......        *5000
    *2800--MOCA
    *3000--GNSS MEA
Siren, WI VOR/DME................  Brainerd, MN VORTAC.....        *6000
    *2800--MOCA
    *3000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6071 VOR Federal Airway V71 is Amended To Read in Part
------------------------------------------------------------------------
Hot Springs, AR VOR/DME..........  Ollas, AR FIX...........        *3600
    *3100--MOCA
Ollas, AR FIX....................  Haawk, AR FIX...........        *4500
    *2500--MOCA
Haawk, AR FIX....................  Harrison, AR VOR/DME....       *10000
    *3700--MOCA
    *4000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6077 VOR Federal Airway V77 is Amended To Read in Part
------------------------------------------------------------------------
Will Rogers, OK VORTAC...........  Castn, OK FIX...........         3500
Castn, OK FIX....................  Wendy, OK FIX...........         4000
Wendy, OK FIX....................  Pioneer, OK VORTAC......         2900
------------------------------------------------------------------------
    Sec.   95.6082 VOR Federal Airway V82 is Amended To Read in Part
------------------------------------------------------------------------
Farmington, MN VORTAC............  *Cordy, MN FIX..........         3000
    *4000--MRA

*Cordy, MN FIX...................  Rochester, MN VOR/DME...         3000
    *4000--MRA
------------------------------------------------------------------------
    Sec.   95.6134 VOR Federal Airway V134 is Amended To Read in Part
------------------------------------------------------------------------
Grand Junction, CO VORTAC........  Paces, CO FIX...........        11500
Paces, CO FIX....................  Slolm, CO FIX...........        13000
Slolm, CO FIX....................  *Gleno, CO FIX..........        14000
    *16000--MRA
*Gleno, CO FIX...................  Red Table, CO VOR/DME...        14000
    *16000--MRA
------------------------------------------------------------------------
    Sec.   95.6148 VOR Federal Airway V148 is Amended To Read in Part
------------------------------------------------------------------------
Gopher, MN VORTAC................  Aleen, WI FIX...........        *5000
    *2700--MOCA
------------------------------------------------------------------------
    Sec.   95.6161 VOR Federal Airway V161 is Amended To Read in Part
------------------------------------------------------------------------
Rochester, MN VOR/DME............  *Cordy, MN FIX..........         3000
    *4000--MRA
*Cordy, MN FIX...................  Farmington, MN VORTAC...         3000
    *4000--MRA
------------------------------------------------------------------------
    Sec.   95.6203 VOR Federal Airway V203 is Amended To Read in Part
------------------------------------------------------------------------
Albany, NY VORTAC................  Otole, NY FIX...........        *6000
    *2200--MOCA
    *3000--GNSS MEA
Otole, NY FIX....................  Dinny, NY FIX...........       *10000
    *6900--MOCA
    *7000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6214 VOR Federal Airway V214 is Amended To Read in Part
------------------------------------------------------------------------
Dupont, DE VORTAC................  Yardley, PA VOR/DME.....        *6000
    *3000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6220 VOR Federal Airway V220 is Amended To Read in Part
------------------------------------------------------------------------
Grand Junction, CO VORTAC........  Paces, CO FIX...........        11500
------------------------------------------------------------------------
    Sec.   95.6302 VOR Federal Airway V302 is Amended To Read in Part
------------------------------------------------------------------------
Augusta, ME VOR/DME..............  Ancor, ME FIX...........        *5000
    *3000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6374 VOR Federal Airway V374 is Amended To Read in Part
------------------------------------------------------------------------
Carmel, NY VOR/DME...............  Vollu, NY FIX...........         2600
Vollu, NY FIX....................  Gayel, NY FIX...........        *5000
    *3200--MOCA
Gayel, NY FIX....................  Binghamton, NY VORTAC...       *10000
    *6000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6378 VOR Federal Airway V378 is Amended To Read in Part
------------------------------------------------------------------------
Belay, MD FIX....................  Troyz, MD FIX...........        *9500
    *4000--GNSS MEA
Troyz, MD FIX....................  Nuggy, PA FIX...........        *7500
    *4000--GNSS MEA
Nuggy, PA FIX....................  Modena, PA VORTAC.......        *6000
    *2000--MOCA
    *4000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6403 VOR Federal Airway V403 is Amended To Read in Part
------------------------------------------------------------------------
Belay, MD FIX....................  Spery, PA FIX...........       *10000
    *2100--MOCA
    *3000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6405 VOR Federal Airway V405 is Amended To Read in Part
------------------------------------------------------------------------
Belay, MD FIX....................  Spery, PA FIX...........       *10000
    *2100--MOCA

    *3000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6408 VOR Federal Airway V408 is Amended To Read in Part
------------------------------------------------------------------------
Lake Henry, PA VORTAC............  Prnce, NY FIX...........   6000 MAA--
                                                                   15000
Prnce, NY FIX....................  Sages, NY FIX...........   6400 MAA--
                                                                   15000
------------------------------------------------------------------------
    Sec.   95.6430 VOR Federal Airway V430 is Amended To Read in Part
------------------------------------------------------------------------
Ironwood, MI VORTAC..............  Diner, MI FIX...........        *3500
    *3400--MOCA
Diner, MI FIX....................  Iron Mountain, MI VOR/          *5000
                                    DME.
    *3500--MOCA
    *4000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6431 VOR Federal Airway V431 is Amended To Read in Part
------------------------------------------------------------------------
Keene, NH VORTAC.................  Brats, VT FIX...........        *4400
    *3600--MOCA
Glens Falls, NY VORTAC...........  Gassy, NY FIX...........       *10000
    *6000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6433 VOR Federal Airway V433 is Amended To Read in Part
------------------------------------------------------------------------
Dupont, DE VORTAC................  Yardley, PA VOR/DME.....        *6000
    *3000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6445 VOR Federal Airway V445 is Amended To Read in Part
------------------------------------------------------------------------
Dupont, DE VORTAC................  Yardley, PA VOR/DME.....        *6000
    *3000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6451 VOR Federal Airway V451 is Amended To Read in Part
------------------------------------------------------------------------
Cream, NY FIX....................  Groton, CT VOR/DME......        *6000
    *4000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6496 VOR Federal Airway V496 is Amended To Read in Part
------------------------------------------------------------------------
Mallo, NY FIX....................  Glens Falls, NY VORTAC..        *7000
    *6000--GNSS MEA
Glens Falls, NY VORTAC...........  Kerst, VT FIX...........       *10000
    *6000--GNSS MEA
------------------------------------------------------------------------
    Sec.   95.6591 VOR Federal Airway V591 is Amended To Read in Part
------------------------------------------------------------------------
Grand Junction, CO VORTAC........  Paces, CO FIX...........        11500
Slolm, CO FIX....................  *Gleno, CO FIX..........        14000
    *16000--MRA
*Gleno, CO FIX...................  Snow, CO VOR/DME........        14000
    *16000--MRA
------------------------------------------------------------------------
Sec.   95.6531 Alaska VOR Federal Airway V531 is Amended To Read in Part
------------------------------------------------------------------------
Huslia, AK VOR/DME...............  Atago, AK FIX...........  ...........
                                   E BND...................        *3500
                                   W BND...................        *4000
    *2500--MOCA
Atago, AK FIX....................  Desoy, AK FIX...........         4000
Kotzebue, AK VOR/DME.............  Berjo, AK FIX...........  ...........
                                   SE BND..................        *2500
                                   NW BND..................        *8000
    *2500--MOCA
------------------------------------------------------------------------

 [FR Doc. E8-14543 Filed 6-26-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Notices]
[Pages 56649-56650]
[FR Doc No: 2012-22587]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0007]

Fee for Using a Priority Review Voucher in Fiscal Year 2013

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is
announcing the fee rates for using a tropical disease priority review
voucher for fiscal year (FY) 2013. The Federal Food, Drug, and Cosmetic
Act (the FD&C Act), as amended by the Food and Drug Administration
Amendments Act of 2007 (FDAAA), authorizes FDA to determine and collect
priority review user fees for certain applications for approval of drug
or biological products when those applications use a priority review
voucher awarded by the Secretary of Health and Human Services. These
vouchers are awarded to the sponsors of certain tropical disease
product applications, submitted after September 27, 2007, upon FDA
approval of such applications. The amount of the fee to be submitted to
FDA with applications using a priority review voucher is determined
each FY based on the average cost incurred by FDA in the review of a
human drug application subject to priority review in the previous FY.
This notice establishes the priority review fee rate for FY 2013.

FOR FURTHER INFORMATION CONTACT: David Miller, Office of Financial
Management (HFA-100), Food and Drug Administration, 1350 Piccard Dr.,
Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 1102 of FDAAA (Pub. L. 110-85) added new section 524 to the
FD&C Act (21 U.S.C. 360n). In section 524, Congress encouraged
development of new drug and biological products for prevention and
treatment of certain tropical diseases by offering additional
incentives for obtaining FDA approval of such products. Under section
524, the sponsor of an eligible human drug application submitted after
September 27, 2007, for a qualified tropical disease (as defined in
section 524(a)(3)), shall receive a priority review voucher upon
approval of the tropical disease product application. The recipient of
a priority review voucher may either use the voucher with a future
submission to FDA under section 505(b)(1) of the FD&C Act (21 U.S.C.
355(b)(1)) or section 351 of the Public Health Service Act (21 U.S.C.
262), or transfer (including by sale) the voucher to another party that
may then use it. A priority review is a review conducted with a
Prescription Drug User Fee Act (PDUFA) goal date of 6 months.
    The applicant that uses a priority review voucher is entitled to a
priority review but must pay FDA a priority review user fee in addition
to any other fee required by PDUFA. FDA has published a draft guidance
on its Web site about how this priority review voucher program will
operate (available at: http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/ucm080599.pdf).
    This notice establishes the priority review fee rate for FY 2013 as
$3,559,000 and outlines FDA's process for implementing the collection
of the priority review user fees. This rate is effective on October 1,
2012, and will remain in effect through September 30, 2013, for
applications submitted with a priority review voucher. The payment of
this priority review user fee is required in addition to the payment of
any other fee that would normally apply to such an application under
PDUFA before FDA will consider the application complete and acceptable
for filing.

II. Priority Review User Fee for FY 2013

    Under section 524(c)(2) of the FD&C Act, the amount of the priority
review user fee is to be determined each FY based on the average cost
incurred by FDA in the review of a human drug application subject to
priority review in the previous FY. The priority review voucher fee is
intended to cover the incremental costs for FDA to do a priority review
on a product that would otherwise get a standard review. The formula
used in past years to calculate the priority review user fee was based
on the full average cost of a priority review. After reviewing more
recent data and experience with the program, FDA has revised the
formula to better approximate the current and ongoing incremental FDA
resource costs for a priority review. The new formula will provide the
Agency with the added resources to conduct a priority review while
still ensuring a robust priority review voucher program that is
consistent with the Agency's public health goal of encouraging the
development of new drug and biological products.
    A priority review is a review conducted with a PDUFA goal date of 6
months. Normally, an application for a Center for Drug Evaluation and
Research (CDER) product will qualify for a priority review if FDA
determines that the product, if approved, would provide safe and
effective therapy where no satisfactory alternative therapy exists or
would be a significant improvement compared to marketed products,
including non-drug products and/or therapies, in the treatment,
diagnosis, or prevention of a disease. A Center for Biologics
Evaluation and Research (CBER) product will qualify for a priority
review if FDA determines that the product, if approved, would be a
significant improvement in the safety or effectiveness of the
treatment, diagnosis, or prevention of a serious or life-threatening
disease. FDA has committed to a goal to review and act on 90 percent of
the applications that have been granted priority review status no later
than 6 months after receipt. An application that does not receive a
priority designation will receive a standard review. Under the goals
identified in the letters referenced in section 101(b) of the Food and
Drug Administration Safety and Innovation Act (Pub. L. 112-144), FDA
commits to reviewing and acting on 90 percent of standard applications
within 10 months of the date of receipt. A priority review involves a
more intensive level of effort and a higher level of resources than a
standard review.
    Section 524 of the FD&C Act specifies that the fee amount should be
based on the average cost incurred by the Agency for a priority review
in the previous FY. Because FDA has never tracked the cost of reviewing
applications that get priority review as a separate cost subset, FDA
estimated this cost based on other data that the Agency has tracked and
kept. FDA started by using data that the Agency estimates and publishes
on its Web site each year--standard costs for review. FDA does not
publish a standard cost for ``the review of a human drug application
subject to priority review in the previous fiscal year.'' However, we
expect all such applications would contain clinical data. The standard
cost application categories with clinical data that FDA does publish
each year are: (1) New drug applications (NDAs) for a new molecular
entity (NME) with clinical data and (2) biologics license applications
(BLAs).

    The worksheets for standard costs for FY 2011, the latest year for
which standard cost data are available, show a standard cost (rounded
to the nearest thousand dollars) of $5,092,000 for a new molecular
entity NDA and $11,203,000 for a BLA. Based on these standard costs,
the total cost to review the 46 applications in these two categories in
FY 2011 (10 BLAs and 36 NDAs with clinical data) was $295,342,000.
(Note: no investigational new drug (IND) review costs are included in
this amount.) Records acquired from CDER and CBER by the Office of
Policy and Planning (OPP), Economics Staff, indicate that a total of 16
of these applications (12 NDAs [excluding the President's Emergency
Plan for AIDS Relief NDAs] and 4 BLAs) received priority review, which
would mean that the remaining 30 received standard reviews. Because a
priority review compresses a review that ordinarily takes 10 months
into 6 months, OPP estimates that a multiplier of 1.67 (10 months
divided by 6 months) should be applied to non-priority review costs in
estimating the effort and cost of a priority review as compared to a
standard review. This multiplier is consistent with published research
on this subject. In the article ``Developing Drugs for Developing
Countries,'' published in Health Affairs, Volume 25, Number 2, in 2006,
the comparison of historical average review times by David B. Ridley,
Henry G. Grabowski, and Jeffrey L. Moe supports a priority review
multiplier in the range of 1.48 to 2.35. The multiplier derived by FDA
falls well below the mid-point of this range. Using FY 2011 figures,
the costs of a priority and standard review are estimated using the
following formula:

(16 [alpha] * 1.67) + (30 [alpha]) = $295,342,000

where ``[alpha]'' is the cost of a standard review and ``[alpha] times
1.67'' is the cost of a priority review. Using this formula, the cost
of a standard review for NMEs is calculated to be $5,207,000 (rounded
to the nearest thousand dollars) and the cost of a priority review for
NMEs is 1.67 times that amount, or $8,696,000 (rounded to the nearest
thousand dollars). The difference between these two cost estimates, or
$3,489,000, represents the incremental cost of conducting a priority
review rather than a standard review.
    Section 524 of the FD&C Act specifies that the fee amount should be
based on the average cost incurred by the Agency for a priority review
in the previous FY. FDA is setting fees for FY 2013, and the previous
fiscal year is FY 2012. However, the FY 2012 submission cohort has not
been closed out yet, and the cost data for FY 2012 are not complete.
The latest year for which FDA has complete cost data is FY 2011.
Accordingly, FDA will adjust the FY 2011 incremental cost figure above
by the average amount by which FDA's average salary and benefit costs
increased in the 3 years prior to FY 2012, to adjust the FY 2011 amount
for cost increases in FY 2012. That figure, published in the Federal
Register notice on August 1, 2012 setting PDUFA fees for FY 2013, is
2.01 percent. Increasing the FY 2011 incremental priority review cost
figure of $3,489,000 by 2.01 percent results in an estimated cost of
$3,559,000 (rounded to the nearest thousand dollars). This is the
priority review user fee amount for FY 2013 that must be submitted with
a priority review voucher in FY 2013, in addition to any PDUFA fee that
is required for such an application.

III. Priority Review Fee Schedule for FY 2013

    The fee rate for FY 2013 is set out in Table 1 of this document:

              Table 1--Priority Review Schedule for FY 2013
------------------------------------------------------------------------
                                                           Fee rate for
                      Fee category                            FY 2013
------------------------------------------------------------------------
Applications Submitted With a Priority Review Voucher in      $3,559,000
 Addition to the Normal PDUFA Fee.......................
------------------------------------------------------------------------

IV. Implementation of Priority Review Fee

    Under section 524(c)(4)(A) of the FD&C Act, the priority review
user fee is due upon submission of the application for which the
priority review voucher is used. Section 524(c)(4)(B) of the FD&C Act
specifies that the application will be considered incomplete if the
priority review user fee and all other applicable user fees are not
paid in accordance with FDA payment procedures. FDA may not grant a
waiver, exemption, reduction, or refund of any fees due and payable
under this section of the FD&C Act, and FDA may not collect priority
review voucher fees prior to a relevant appropriation for fees for that
FY. Beginning with FDA's appropriation for FY 2009, the annual
appropriation language states specifically that ``priority review user
fees authorized by 21 U.S.C. 360n (section 524 of the FD&C Act) may be
credited to this account, to remain available until expended.'' (Pub.
L. 111-8, Section 5, Division A, Title VI).
    The priority review fee established in the new fee schedule must be
paid for any application that is received after September 30, 2012, and
submitted with a priority review voucher. This fee must be paid in
addition to any other fee due under PDUFA. 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. The user fee
identification (ID) number should be included on the check, followed by
the words ``Priority Review.'' Payments can be mailed to: Food and Drug
Administration, P.O. Box 979107, St. Louis, MO 63197-9000.
    If checks are sent by a courier that requests a street address, the
courier can deliver the checks to: U.S. Bank, Attention: Government
Lockbox 979107, 1005 Convention Plaza, St. Louis, MO 63101. (Note: This
U.S. Bank address is for courier delivery only.) The FDA post office
box number (P.O. Box 979107) must be written on the check. The tax
identification number of the Food and Drug Administration is 53-
0196965.
    Wire transfer payments may also be used. Please reference your
unique user fee ID number when completing your transfer. The
originating financial institution may charge a wire transfer fee.
Please ask your financial institution about the fee and include it with
your payment to ensure that your fee is fully paid. The account
information is as follows: New York Federal Reserve Bank, U.S. Dept. of
Treasury, TREAS NYC, 33 Liberty St., New York, NY 10045, Acct. No.:
75060099, Routing No.: 021030004, SWIFT: FRNYUS33, Beneficiary: FDA,
1350 Piccard Dr., Rockville, MD 20850.

    Dated: August 30, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-22587 Filed 9-12-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: February 22, 2008 (Volume 73, Number 36)]
[Rules and Regulations]
[Page 9663-9666]
[DOCID:fr22fe08-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0334; Directorate Identifier 2007-NM-206-AD;
Amendment 39-15385; AD 2008-04-13]
RIN 2120-AA64

Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new 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:

    [T]he FAA has published a set of new rules related to the fuel
tank safety, including the Special Federal Aviation Regulation 88
(SFAR 88).
    The JAA (Joint Aviation Authority) has issued an Interim Policy
JAA INT/POL 25/12, to recommend the application of a similar
requirement to the National Aviation Authorities (NAA) [of Europe].
* * * * *
     * * * ATR carried out a safety review on the fuel tank systems
and zones adjacent to the fuel tanks on all ATR models * * *.
* * * * *

    The unsafe condition is the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in fuel tank explosions and consequent loss of the airplane. We
are issuing this AD to require actions to correct the unsafe condition
on these products.

DATES: This AD becomes effective March 28, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 28,
2008.

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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 17, 2007
(72 FR 71286). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    [T]he FAA has published a set of new rules related to the fuel
tank safety, including the Special Federal Aviation Regulation 88
(SFAR 88).
    The JAA (Joint Aviation Authority) has issued an Interim Policy
JAA INT/POL 25/12, to recommend the application of a similar
requirement to the National Aviation Authorities (NAA) [of Europe].
    This recommendation was followed by French DGAC, which rendered
the compliance to JAA INT/POL 25/12 mandatory for all ATR Aircraft.
    Under this regulation, all holders of type certificates are
required to conduct a design review of their fuel tank systems
against explosion risk. It also requires the development and
implementation of maintenance and inspection instructions to
maintain the safety of the fuel tank system.
    To answer JAA INT/POL 25/12, and in accordance with SFAR 88
requirements and guideline, ATR carried out a safety review on the
fuel tank systems and zones adjacent to the fuel tanks on all ATR
models using relevant safety assessment methods of JAR 25.1309.
    As a result of this safety review, ATR developed for ATR 42 the
modification 05355 (SB (service bulletin) ATR 42-28-0039), and for
ATR 72 the modification 05356 (SB ATR 72-28-1019). Those
modifications consist in the installation of fuses adapters on
wiring entering the fuel tanks and current limitation devices. For
ATR 72 aircraft, the modification also requires replacement of the
high level sensors with new sensors having shorter harness.

The modification also includes related investigative and corrective
actions, which include inspecting the electrical harness for correct
installation and adjusting the harness as necessary, and, for Model ATR
42 airplanes, inspecting the bonding strap for correct installation and
adjusting the bonding strap. The unsafe condition is the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane. You may obtain further information by
examining the MCAI in the AD docket.

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 about 55 products of U.S.
registry. We also estimate that it will take about 150 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 $23,000
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 the
U.S. operators to be $1,925,000, or $35,000 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 adding the following new AD:

2008-04-13 ATR--GIE Avions de Transport Regional (formerly
Aerospatiale): Amendment 39-15385. Docket No. FAA-2007-0334;
Directorate Identifier 2007-NM-206-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes specified in paragraphs
(c)(1) and (c)(2) of this AD.
    (1) ATR Model ATR42-200, -300, -320, and -500 airplanes,
certificated in any category, serial numbers 1 through 642.
    (2) ATR Model ATR72-101, -201, -102, -202, -211, -212, and -212A
airplanes, certificated in any category, serial numbers 1 through
724.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    [T]he FAA has published a set of new rules related to the fuel
tank safety, including the Special Federal Aviation Regulation 88
(SFAR 88).
    The JAA (Joint Aviation Authority) has issued an Interim Policy
JAA INT/POL 25/12, to recommend the application of a similar
requirement to the National Aviation Authorities (NAA) [of Europe].
    This recommendation was followed by French DGAC, which rendered
the compliance to JAA INT/POL 25/12 mandatory for all ATR Aircraft.
    Under this regulation, all holders of type certificates are
required to conduct a design review of their fuel tank systems
against explosion risk. It also requires the development and
implementation of maintenance and inspection instructions to
maintain the safety of the fuel tank system.
    To answer JAA INT/POL 25/12, and in accordance with SFAR 88
requirements and guideline, ATR carried out a safety review on the
fuel tank systems and zones adjacent to the fuel tanks on all ATR
models using relevant safety assessment methods of JAR 25.1309.
    As a result of this safety review, ATR developed for ATR 42 the
modification 05355 (SB (service bulletin) ATR 42-28-0039), and for
ATR 72 the modification 05356 (SB ATR 72-28-1019). Those
modifications consist in the installation of fuses adapters on
wiring entering the fuel tanks and current limitation devices. For
ATR 72 aircraft, the modification also requires replacement of the
high level sensors with new sensors having shorter harness.

The modification also includes related investigative and corrective
actions, which include inspecting the electrical harness for correct
installation and adjusting the harness as necessary, and, for Model
ATR42 airplanes, inspecting the bonding strap for correct
installation and adjusting the bonding strap. The unsafe condition
is the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.

Actions and Compliance

    (f) Within 41 months after the effective date of this AD, unless
already done, modify the fuel system and do all applicable related
investigative and corrective actions according to the instructions
given by the applicable service bulletin listed in Table 1 of this
AD. Do all applicable related investigative and corrective actions
before further flight. Actions accomplished before the effective
date of this AD in accordance with Avions de Transport Regional
Service Bulletin ATR 42-28-0039, Revision 03, dated November 15,
2006, are considered acceptable for compliance with the
corresponding action specified in this AD.

                      Table 1.--Service Information
------------------------------------------------------------------------
  Avions de Transport Regional
        service bulletin          Revision level            Date
------------------------------------------------------------------------
ATR42-28-0039 (for Model ATR42                 04  June 12, 2007.
 Airplanes).
ATR72-28-1019 (for Model ATR72                 05  June 12, 2007.
 Airplanes).
------------------------------------------------------------------------

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: The additional actions specified in the MCAI for
operators that have done actions in accordance with previous issues
of the service bulletins are not complete. Therefore, this AD only
refers to Avions de Transport Regional Service Bulletins ATR 42-28-
0039, Revision 03, dated November 15, 2006; Revision 04, dated June
12, 2007; and ATR 72-28-1019, Revision 05, dated June 12, 2007; as
appropriate sources of service information for accomplishing the
required actions. Operators that have done actions in accordance
with previous issues of the service bulletins may request an
approval for an alternative method of compliance (AMOC) according to
paragraph (g) of this AD, provided that the AMOC provides an
acceptable level of safety.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, 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: Tom
Rodriguez, 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 appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (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

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0226, dated
August 24, 2007, and the service information listed in Table 2 of
this AD, for related information.

                  Table 2.--Related Service Information
------------------------------------------------------------------------
  Avions de Transport Regional
        service bulletin          Revision level            Date
------------------------------------------------------------------------
ATR42-28-0039..................                04  June 12, 2007.
ATR72-28-1019..................                05  June 12, 2007.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use Avions de Transport Regional Service Bulletin
ATR42-28-0039, Revision 04, dated June 12, 2007; or Avions de
Transport Regional Service Bulletin ATR72-28-1019, Revision 05,
dated June 12, 2007; as applicable; to do the actions required by
this AD, unless the AD specifies otherwise. Avions de Transport
Regional Service Bulletin ATR42-28-0039, Revision 04, dated June 12,
2007, contains the following effective pages:

----------------------------------------------------------------------------------------------------------------
               Page Nos.                   Revision level  shown on page             Date  shown on page
----------------------------------------------------------------------------------------------------------------
1-6, 8-10, 16-18, 45-48, 92, 93.......  04.................................  June 12, 2007.
7, 11, 51.............................  1..................................  February 28, 2006.
12-15, 19-26, 31, 32, 39, 40, 67, 68,   03.................................  November 15, 2006.
 79, 80, 91.
27-30, 33-38, 41-44, 49, 50, 53-66, 69- Original...........................  August 1, 2005.
 78, 81-90.
52....................................  02.................................  August 10, 2006.
----------------------------------------------------------------------------------------------------------------

    Avions de Transport Regional Service Bulletin ATR72-28-1019,
Revision 05, dated June 12, 2007, contains the following effective
pages:

----------------------------------------------------------------------------------------------------------------
               Page No.                    Revision level  shown on page             Date  shown on page
----------------------------------------------------------------------------------------------------------------
1-8, 13-15, 18, 37, 38, 66............  05.................................  June 12, 2007.
9, 51, 52.............................  1..................................  February 28, 2006.
10-12, 17, 21-36, 39-48, 53, 54, 57,    Original...........................  August 1, 2005.
 58, 61-64.
16, 65................................  02.................................  August 10, 2006.
19, 20, 49, 50, 55, 56, 59, 60........  03.................................  September 29, 2006.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact ATR,
316 Route de Bayonne, 31060 Toulouse, Cedex 03, France.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on February 13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-3188 Filed 2-21-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Notices]
[Page 49712]
[FR Doc No: 2020-17927]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Wednesday, August 19, 2020.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topic:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: August 12, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-17927 Filed 8-12-20; 4:15 pm]
BILLING CODE 8011-01-P