[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Proposed Rules]
[Pages 30-32]
[FR Doc No: 2015-32963]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-5539; Directorate Identifier 2015-NE-37-AD]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Turbomeca S.A. Arriel 2E turboshaft engines. This proposed AD was

prompted by reports of fuel flow non-conformities found during
acceptance tests of Arriel 2E hydro-mechanical metering units (HMUs).
This proposed AD would require removing the pre-TU 193 adjusted high-
pressure/low-pressure (HP/LP) pump and metering valve assembly and
replacing it with a part that is eligible for installation. This
proposed AD would also require replacing the constant delta-pressure
(delta-P) diaphragm of the fuel metering valve. We are proposing this
AD to prevent failure of the delta-P diaphragm, which could result in
an uncommanded in-flight shutdown and damage to the helicopter.

DATES: We must receive comments on this proposed AD by March 4, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact
Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; fax:
33 (0)5 59 74 45 15. You may view this service information at the FAA,
Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
5539 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 this proposed AD, the mandatory continuing airworthiness
information (MCAI), the regulatory evaluation, any comments received,
and other information. The address for the Docket Office (phone: 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kyle Gustafson, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this NPRM. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2015-5539;
Directorate Identifier 2015-NE-37-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. We will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2015-0213, dated October 16, 2015 (referred to hereinafter as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Fuel flow non-conformities were found during reception tests of
ARRIEL 2E Hydraulic Mechanical Metering Unit (HMU). Investigation
and instrumented tests revealed instabilities on the additional
check valve. These instabilities lead to hydraulic pulses. All HMU
installed on ARRIEL 2E and 2N engines could present these
instabilities.

    This condition, if not corrected, could lead to life reduction
of the delta pressure valve diaphragm, and consequently, an
uncommanded engine power increase, or an uncommanded in flight
shutdown, possibly resulting in an emergency landing.

    This proposed AD applies to Arriel 2E engines only. There are no
Arriel 2N engines installed on aircraft of U.S. registry.
    You may obtain further information by examining the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2015-5539.

Related Service Information

    Turbomeca S.A. has issued Mandatory Service Bulletin (MSB) No. 292
73 2193, Version A, dated July 16, 2015. The MSB describes procedures
for incorporating modification TU 193 and replacing the constant delta-
P diaphragm of the fuel metering valve. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of France,
and is approved for operation in the United States. Pursuant to our
bilateral agreement with the European Community, EASA has notified us
of the unsafe condition described in the MCAI referenced above. We are
proposing this NPRM because we evaluated all information provided by
EASA and determined the unsafe condition exists and is likely to exist
or develop on other products of the same type design. This NPRM would
require removing the pre-TU 193 adjusted HP/LP pump and metering valve
assembly and replacing it with a part that is eligible for
installation. This NPRM would also require replacing the constant
delta-P diaphragm of the fuel metering valve.

Costs of Compliance

    We estimate that this proposed AD affects 12 engines installed on
helicopters of U.S. registry. We also estimate that it would take about
2 hours per engine to comply with this proposed AD. The average labor
rate is $85 per hour. Required parts cost about $13,400 per engine.
Based on these figures, we estimate the cost of this proposed AD on
U.S. operators to be $162,840.

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Turbomeca S.A.: Docket No. FAA-2015-5539; Directorate Identifier
2015-NE-37-AD.

(a) Comments Due Date

    We must receive comments by March 4, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Turbomeca S.A. Arriel 2E turboshaft
engines that have a pre-TU 193 adjusted high-pressure/low-pressure
(HP/LP) pump and metering valve assembly, installed.

(d) Reason

    This AD was prompted by reports of fuel flow non-conformities
found during acceptance tests of Arriel 2E hydro-mechanical metering
units. We are issuing this AD to prevent failure of the constant
delta-pressure (delta-P) diaphragm of the fuel metering valve, which
could result in an uncommanded in-flight shutdown and damage to the
helicopter.

(e) Actions and Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Prior to exceeding 880 operating hours since new on the
adjusted HP/LP pump and metering valve assembly or within 50
operating hours after the effective date of this AD, whichever
occurs later:
    (i) remove from service the adjusted HP/LP pump and metering
valve assembly and replace with a part that is eligible for
installation, and
    (ii) replace the constant delta-P diaphragm of the fuel metering
valve.
    (2) Reserved.

(f) Installation Prohibition

    After the effective date of this AD, do not install into any
engine any pre-TU 193 adjusted HP/LP pump and metering valve
assembly, nor install onto any helicopter any engine that has a pre-
TU 193 adjusted HP/LP pump and metering valve assembly.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(h) Related Information

    (1) For more information about this AD, contact Kyle Gustafson,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2015-0213,
dated October 16, 2015, for more information. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2015-5539.
    (3) Turbomeca S.A. Mandatory Service Bulletin No. 292 73 2193,
Version A, dated July 16, 2015, can be obtained from Turbomeca S.A.,
using the contact information in paragraph (h)(4) of this proposed
AD.
    (4) For service information identified in this proposed AD,
contact Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74
40 00; fax: 33 (0)5 59 74 45 15.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on December 18, 2015.
Ann C. Mollica,
Acting Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-32963 Filed 12-31-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Notices]
[Page 59975]
[DOCID:fr19no09-46]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1048-000; Docket No. ER09-1049-000; Docket Nos. ER09-
1050-000; ER09-1192-000; Docket No. ER09-1051-000; Docket No. ER09-
1063-000; Docket No. ER09-1142-000]

California Independent System Operator Corporation, et al.; First
Notice of Technical Conference on California Independent System
Operator Corporation; Midwest Independent Transmission System Operator,
Inc.; Southwest Power Pool, Inc.; ISO New England, Inc. and New England
Power Pool; PJM Interconnection, LLC; New York Independent System
Operator, Inc.; and RTO/ISO Responsiveness

Date: November 13, 2009.
    In Order Nos. 719 and 719-A, the Commission established reforms to
improve the operation of organized wholesale electric power markets and
amended its regulations under the Federal Power Act in the areas of:
(1) Demand response; (2) long-term power contracting; (3) market
monitoring policies; and (4) the responsiveness of regional
transmission organizations (RTOs) and independent system operators
(ISOs) to their customers and other stakeholders.\1\ The RTOs and ISOs
filed in compliance with Order Nos. 719 and 719-A in the above-
referenced proceedings.
---------------------------------------------------------------------------

    \1\ Wholesale Competition in Regions with Organized Electric
Market, Order No. 719, 73 FR 64,100 (Oct. 28, 2008), FERC Stats &
Regs. ] 31,281 (2008); order on reh'g, 74 FR 37,772 (July 29, 2009),
128 FERC ] 61,059 (2009) (Order No. 719-A).
---------------------------------------------------------------------------

    The staff of the Federal Energy Regulatory Commission will hold a
technical conference in the near future to provide a forum for
interested participants to discuss the fourth topic identified above--
the responsiveness of RTOs and ISOs to their customers and other
stakeholders. The technical conference will be held in the Commission
Meeting Room at the Commission's Washington, DC headquarters, 888 First
Street, NE.
    The purpose of this notice is to advise the public of the technical
conference. The Commission will notify the public as to the date for
the technical conference, as well as specific information on the
starting and ending times, the topics to be explored, and the format of
the technical conference in a subsequent notice. All interested parties
are invited to attend. There is no registration fee to attend this
technical conference.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER>
with the required accommodations.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-27810 Filed 11-18-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 26, 2007 (Volume 72, Number 80)]
[Rules and Regulations]
[Page 20720-20723]
[DOCID:fr26ap07-6]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 101 and 141

[Docket No. RM07-2-000; Order No. 694]

Accounting and Reporting Requirements for Nonoperating Public
Utilities and Licensees

Issued April 19, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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

SUMMARY: In this Final Rule, the Federal Energy Regulatory Commission
(Commission) is amending its accounting and reporting regulations to
require public utilities and licensees to continue to follow the
Commission's Uniform System of Accounts (USofA) and to file annual and
quarterly financial reports when they have ceased making jurisdictional
sales of electric energy, or providing jurisdictional transmission
service, but continue collecting amounts pursuant to a Commission-
accepted tariff or rate schedule, or a Commission order. The Final Rule
will close a gap in the Commission's regulations which apply now only
to operating public utilities and licensees, and which provide
information necessary to the Commission's regulatory responsibilities.

DATES: Effective Date: The rule will become effective May 29, 2007.

FOR FURTHER INFORMATION CONTACT: Jane Stelck, Office of Enforcement,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly;
Marc Spitzer; Philip D. Moeller; and Jon Wellinghoff.

I. Introduction

    1. On December 21, 2006, the Commission issued a Notice of Proposed
Rulemaking (NOPR) that proposed to amend its accounting and reporting
regulations, in Parts 101 and 141, to require public utilities and
licensees to continue to follow the Commission's Uniform System of
Accounts (USofA) and to file annual and quarterly financial reports
when they have ceased making jurisdictional sales of electric energy,
or providing jurisdictional transmission service, but continue
collecting amounts pursuant to a Commission-accepted tariff or rate
schedule, or a Commission order.\1\ The NOPR also sought comments
regarding the applicability of Part 125, Preservation of Records of
Public Utilities and Licensees, to public utilities or licensees which
have ceased operations, but continue to collect amounts pursuant to a
Commission-approved tariff or rate schedule, or a Commission order.
---------------------------------------------------------------------------

    \1\ Accounting and Reporting Requirements For Nonoperating
Public Utilities and Licensees, 72 FR 922 (Jan. 9, 2007), FERC
Stats. & Regs. ] 32,610 (2006).
---------------------------------------------------------------------------

    2. The Final Rule adopts the proposed revisions to Parts 101 and
141 contained in the NOPR. The Final Rule requires that companies who
cease operating but continue collecting amounts pursuant to a
Commission-accepted tariff or rate schedule, or a Commission order,
continue to comply with Parts 101 and 141. The Final Rule finds that
there is no need to adopt changes to Part 125 of the Commission's
regulations.

II. Discussion

    3. Parts 101 and 141 of the Commission's regulations require public
utilities and licensees whose sales or transmission service exceed
certain prescribed levels to follow the USofA and to file annual and
quarterly financial reports, Forms No. 1, 1-F, and 3-Q, respectively.
Under the Commission's existing regulations, public utilities and
licensees are

relieved of these accounting and reporting requirements when they cease
making sales for resale or providing transmission. This is true even
when these nonoperating entities continue to collect amounts pursuant
to a Commission-approved tariff or rate schedule, or a Commission
order. Therefore, the Commission cannot oversee, monitor, or audit
costs that provide information necessary to the Commission's oversight
responsibilities and the protection of the public interest under the
existing regulations.
    4. As discussed in the NOPR,\2\ in recent years, this accounting
and reporting gap has been highlighted when, for example, nuclear
generating plants shut down but continue to collect decommissioning and
other administrative costs under a Commission-accepted tariff or rate
schedule, or a Commission order.\3\ The amounts collected by these
companies are material and may span a decade or longer.\4\ The
occurrence of these and the potential occurrence of similar
circumstances impede the Commission's ability to collect information,
monitor, or audit the underlying costs when accounting and reporting
requirements no longer apply. The Commission has a continuing need to
have access to books and records and to receive periodic financial
reports for any jurisdictional entity, even when that entity has ceased
operations but continues to collect amounts pursuant to a Commission-
accepted tariff or rate schedule, or a Commission order. Without
Commission oversight, customers and ratepayers cannot be assured that
these billings are just and reasonable. For these reasons, we find
that, nonoperating entities' compliance with Part 101 and reporting
information in these financial reports is necessary to enable the
Commission to fulfill its statutory responsibilities under the Federal
Power Act (FPA).\5\ In addition, the information, because it is
publicly available, will allow customers, state commissions, and others
to evaluate the amounts charged.
---------------------------------------------------------------------------

    \2\ NOPR at P 5.
    \3\ See, e.g., Connecticut Yankee Atomic Power Company, 92 FERC
] 61,005 (2000) (approving decommissioning cost collections.)
    \4\ For example, Connecticut Yankee collected $16.7 million per
year in decommissioning funds from 2000 to 2004 and $93 million in
2005 and 2006. Id.
    \5\ 16 U.S.C. 824 et seq.
---------------------------------------------------------------------------

III. The Final Rule

    6. The Final Rule adopts the proposed changes outlined in the NOPR.
A new category, designated nonoperating, is added to the General
Instructions of Part 101, to the classification of utilities subject to
compliance with the USofA. Sections 141.1, 141.2, and 141.400 of the
Commission's regulations are revised to require nonoperating public
utilities and licensees whose operations have ceased but who continue
to collect amounts pursuant to a Commission tariff or rate schedule, or
a Commission order, to continue to comply with the Commission's
reporting requirements.
    7. The NOPR also sought comments on the continued applicability of
Part 125 of the Commission's regulations, which sets forth record
retention requirements for public utilities and licensees. The NOPR
stated that a reasonable interpretation of Part 125 is that the
requirements of that part continue to apply to nonoperating public
utilities and licensees who continue to collect amounts pursuant to a
Commission-approved tariff or rate schedule, or Commission order.\6\
The Final Rule similarly adopts this reading of Part 125, and it is
unnecessary to makes changes to Part 125.
---------------------------------------------------------------------------

    \6\ See NOPR at P 7.
---------------------------------------------------------------------------

IV. Comments

    8. Comments on the NOPR were filed jointly by Yankee Atomic
Electric Company, Connecticut Yankee Atomic Power Company, and Maine
Yankee Atomic Power Company (jointly, Yankee Companies), and by the
Connecticut Department of Public Utility Control, The Maine Public
Utilities Commission and The Maine Office of Public Advocate (jointly,
New England Parties). Neither the Yankee Companies nor the New England
Parties object to the proposed regulations, but both parties express
concern regarding additional costs that might be incurred and the
effect on consumers who will ultimately pay the costs. The New England
Parties state that the NOPR ``may provide needed insight into the
expenditures of non-operating plants'' but state that it might increase
the companies' operating costs. The New England Parties request that
the Commission exempt the Yankee Companies from the instant accounting
requirements.
    9. The Yankee Companies also state that they concur with the
Commission's interpretation of Part 125 and its conclusion that no
revisions to that part are necessary. The Yankee Companies state that
they will continue to abide by Part 125 as they have done since ceasing
operations.
    10. Where a company ceases operations but continues to collect
costs pursuant to a Commission-approved tariff or rate schedule, or a
Commission order, it is only proper that the affected company be
obligated to continue maintaining their accounts pursuant to the USofA,
and continue filing quarterly and annual financial reports with the
Commission.\7\ At this time, however, any costs associated with meeting
such requirements are unknown; thus, only a potential impact on rates
exists.\8\ Moreover, any company affected by this Final Rule would, at
the time it ceases operations, already be in compliance with the USofA
and the Commission's financial reporting requirements. Thus, any burden
imposed by this Final Rule is likely to be comparatively minimal.\9\
Finally, given the Commission's regulatory responsibilities, the
benefits of closing this regulatory gap far outweigh the comparatively
minimal costs that are likely to arise from compliance.
---------------------------------------------------------------------------

    \7\ Yankee Companies have agreed to file FERC Form No. 1 as part
of a settlement recently approved by the Commission. See Connecticut
Yankee Atomic Power Co., 117 FERC ] 61,192 (2006).
    \8\ See Virginia State Corp. Comm'n v. FERC, 468 F.3d 845, 847
(D.C. Cir. 2006) (``Petitioners' claim of a rate effect is belied by
the proposition that `[a]ccounting practices are not controlling for
rate making purposes,' '' (citing Consolidated Gas Supply Corp., 14
FERC ] 61,029 at 61,054 (1981) and Williston Basin Interstate
Pipeline Co., 56 FERC ] 61,104 at 61,370-71 (1991)).
    \9\ Even the Yankee Companies, who would be most affected
because they have not been operating for some time, offer an
estimated cost of only ``at least $30,000 annually'' for each Yankee
company. Comparatively speaking, this is not a large sum. In fact,
moreover, they also state that what they currently report to the
Commission does ``not differ substantially'' from what they will now
be required to submit to the Commission. See Yankee Companies'
comments at 2-3.
---------------------------------------------------------------------------

V. Information Collection Statement

    11. The collections of information referenced in this Final Rule
have been submitted to the Office of Management and Budget (OMB) for
review under section 3507(d) of the Paperwork Reduction Act of
1995.\10\ OMB's regulations require OMB to approve certain information
collection requirements imposed by agency rule.\11\ Upon approval of a
collection of information, OMB will assign an OMB control number and
expiration date. Respondents subject to the filing requirements of this
Final Rule will not be penalized for failing to respond to these
collections of information unless the collections of information
display a valid OMB control number or the Commission had provided a
justification as to why the control number should be displayed.
---------------------------------------------------------------------------

    \10\  See 44 U.S.C. 3507(d).
    \11\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    12. Persons wishing to comment on the collection of information may
do so

by contacting the Office of Management and Budget, Office of
Information and Regulatory Affairs, Washington, DC 20503, Attention:
Desk Officer for the Federal Energy Regulatory Commission; phone: 202-
395-4650, fax:<PHONE_NUMBER>.
    Title: FERC Form No. 1, ``Annual report of Major electric
utilities, licensees, and others''; FERC Form No. 1-F, ``Annual report
for Nonmajor public utilities and licensees''; FERC Form No. 3-Q,
``Quarterly financial report of electric utilities, licensees, and
natural gas companies''; and FERC-555, ``Preservation of Records of
Public Utilities and Licensees, Natural Gas Companies, and Oil Pipeline
Companies''.
    Action: Proposed information collections.
    OMB Control Nos. 1902-0021; 1902-0029; 1902-0205; and 1902-0098.
    Respondents: Business or others for profit.
    Frequency of responses: Annually and quarterly.
    Necessity of the Information: This Final Rule amends the
Commission's accounting and reporting regulations, in Parts 101 and
141, to require public utilities and licensees to continue to follow
the Commission's USofA and to file annual and quarterly financial
reports when they have ceased making jurisdictional sales of electric
energy, or providing jurisdictional transmission service, but continue
to collect amounts pursuant to a Commission-accepted tariff or rate
schedule, or Commission order. The Final Rule closes a gap in the
Commission's regulations which apply now only to operating public
utilities and licensees. Without the changes made in the Final Rule,
the Commission cannot oversee, monitor, or audit costs that provide
information necessary to the Commission's oversight responsibilities
and the protection of the public interest.

VI. Environmental Analysis

    13. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\12\ No
environmental consideration is necessary for the promulgation of a rule
that addresses information gathering, analysis, and dissemination,\13\
and, also, that addresses accounting.\14\ This Final Rule addresses
information gathering, analysis, and accounting requirements.
Therefore, the Final Rule falls within categorical exemptions provided
in the Commission's regulations. Consequently, neither an Environmental
Impact Statement nor an Environmental Assessment is required.
---------------------------------------------------------------------------

    \12\ See Regulations Implementing the National Environmental
Policy Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987) FERC Stats. &
Regs. ] 30,783 (1987).
    \13\ See 18 CFR 380.4(a)(5).
    \14\ See 18 CFR 380.4(c)(16).
---------------------------------------------------------------------------

VII. Regulatory Flexibility Act

    14. The Regulatory Flexibility Act of 1980 (RFA) \15\ generally
requires a description and analysis of the effect that a Final Rule
will have on small entities or a certification that a rule will not
have a significant economic impact on a substantial number of small
entities.
---------------------------------------------------------------------------

    \15\ See 5 U.S.C. 601-12.
---------------------------------------------------------------------------

    15. The Commission concludes that this Final Rule will not have
such an impact on a substantial number of small entities. Because most
public utilities and licensees do not fall within the definition of
``small entity,'' the Commission certifies that this Final Rule will
not have a significant impact on a substantial number of small
entities.

VIII. Document Availability

    16. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and

in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A,
Washington, DC 20426.
    17. From the Commission's Home Page on the Internet, this document
is available in the Commission's document management system, e-Library.
The full text of this document is available on e-Library in PDF and
Microsoft Word format for viewing, printing, and/or downloading. To
access this document in e-Library, type the docket number excluding the
last three digits of this document in the docket number field.
    18. User assistance is available for e-Library and the Commission's
Web site during normal business hours. For assistance, please contact
FERC Online Support at 1-866-208-3676 (toll free) or<PHONE_NUMBER> (e-
mail at<EMAIL_ADDRESS>or the Public Reference Room at
202-502-8371, TTY<PHONE_NUMBER> (e-mail at public.reference@ferc.gov).

IX. Effective Date and Congressional Notification

    19. This Final Rule will take effect May 29, 2007.
    20. The Commission has determined with the concurrence of the
Administrator of the Office of Information and Regulatory Affairs of
OMB Final Rule is not a major rule within the meaning of section 251 of
the Small Business Regulatory Enforcement Fairness Act of 1996.\16\ The
Commission will submit the Final Rule to both houses of Congress and
the Government Accountability Office.
---------------------------------------------------------------------------

    \16\ 5 U.S.C. 801.
---------------------------------------------------------------------------

List of Subjects

18 CFR Part 101

    Electric power, Electric utilities, Reporting and recordkeeping
requirements, Uniform System of Accounts.

18 CFR Part 141

    Electric power, Reporting and recordkeeping requirements.

By the Commission.
Philis J. Posey,
Deputy Secretary.

0
In consideration of the foregoing, the Commission amends parts 101 and
141 of Title 18 of the Code of Federal Regulations, as set forth below:

PART 101--UNIFORM SYSTEM OF ACCOUNTS PRESCRIBED FOR PUBLIC
UTILITIES AND LICENSEES SUBJECT TO THE PROVISIONS OF THE FEDERAL
POWER ACT

0
1. The authority citation for part 101 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352, 7651-7615o.

0
2. Amend part 101, General Instructions, 1. Classification of
Utilities, to add a new paragraph A.(3) and to revise the first
sentence in paragraph B to read as follows:

General Instructions

Classification of Utilities

    A. * * *
    (3) Nonoperating. Utilities and licensees formerly designated as
Major or Nonmajor that have ceased operation but continue to collect
amounts pursuant to a Commission-accepted tariff or rate schedule, or a
Commission order.
    B. This system applies to Major, Nonmajor, and Nonoperating
utilities and licensees. * * *
* * * * *

PART 141--STATEMENTS AND REPORTS (SCHEDULES)

0
3. The authority citation for part 141 continues to read as follows:

    Authority: 15 U.S.C. 79; 16 U.S.C. 791a-828c, 2601-2645; 31
U.S.C. 9701; 42 U.S.C. 7101-7352.

0
4. Revise Sec.  141.1(b)(1)(i) to read as follows:

Sec.  141.1  FERC Form No. 1, Annual report of Major electric
utilities, licensees and others.

* * * * *
    (b) Filing requirements--(1) Who must file--(i) Generally. Each
Major and each Nonoperating (formerly designated as Major) electric
utility (as defined in part 101 of Subchapter C of this chapter) and
other entity, i.e., each corporation, person or licensee as defined in
section 3 of the Federal Power Act (16 U.S.C. 792 et seq.), including
any agency, authority, or other legal entity or instrumentality engaged
in generation, transmission, distribution, or sale of electric energy,
however produced, throughout the United States and its possessions,
having sales or transmission service equal to Major or Nonoperating
(formerly designated as Major) as defined above, whether or not the
jurisdiction of the Commission is otherwise involved, shall prepare and
file electronically with the Commission the FERC Form No. 1 pursuant to
the General Instructions set out in that form.
* * * * *

0
5. Revise Sec.  141.2(b)(1)(i) to read as follows:

Sec.  141.2  FERC Form No. 1-F, Annual report for Nonmajor public
utilities and licensees.

* * * * *
    (b) Filing Requirements--(1) Who Must File--(i) Generally. Each
Nonmajor and each Nonoperating (formerly designated as Nonmajor) public
utility and licensee as defined by the Federal Power Act, which is
considered Nonmajor as defined in Part 101 of this chapter, shall
prepare and file with the Commission an original and conformed copies
of FERC Form No. 1-F pursuant to the General Instructions set out in
that form.
* * * * *

0
6. In Sec.  141.400, revise paragraphs (b)(1)(i), (b)(2) introductory
text, and (b)(3) introductory text to read as follows:
* * * * *

Sec.  141.400  FERC Form No. 3-Q, Quarterly financial report of
electric utilities, licensees, and natural gas companies.

* * * * *
    (b) Filing Requirements--(1) Who must file--(i) Generally. Each
electric utility and each Nonoperating (formerly designated as Major or
Nonmajor) electric utility (as defined in part 101 of subchapter C of
this chapter) and other entity, i.e., each corporation, person, or
licensee as defined in section 3 of the Federal Power Act (16 U.S.C.
792 et seq.), including any agency or instrumentality engaged in
generation, transmission, distribution, or sale of electric energy,
however produced, throughout the United States and its possessions,
having sales or transmission service, whether or not the jurisdiction
of the Commission is otherwise involved, must prepare and file with the
Commission FERC Form No. 3-Q pursuant to the General Instructions set
out in that form.
* * * * *
    (2) Each Major and Nonoperating (formerly designated as Major) (as
defined in part 101 of subchapter C of this chapter) public utility and
licensee must file the quarterly financial report form as follows:
* * * * *
    (3) Nonmajor and Nonoperating (formerly designated as Nonmajor)
public utilities and licensees must file the quarterly financial report
form as follows:
* * * * *
 [FR Doc. E7-7771 Filed 4-25-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Notices]
[Pages 4588-4591]
[FR Doc No: 2012-1893]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29924; 812-13921]

Incapital LLC and Incapital Unit Trust; Notice of Application

January 24, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under (a) section 6(c) of the
Investment

Company Act of 1940 (``Act'') for an exemption from sections 2(a)(32),
2(a)(35), 14(a), 19(b), 22(d) and 26(a)(2)(C) of the Act and rules 19b-
1 and 22c-1 thereunder and (b) sections 11(a) and 11(c) of the Act for
approval of certain exchange and rollover privileges.

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

    Applicants: Incapital LLC (``Incapital'') and Incapital Unit Trust
(the ``Incapital Trust'').\1\
---------------------------------------------------------------------------

    \1\ Applicants also request relief for future unit investment
trusts (collectively, with the Incapital Trust, the ``Trusts'') and
series of the Trusts (``Series'') that are sponsored by Incapital or
any entity controlling, controlled by or under common control with
Incapital (together with Incapital, the ``Depositors''). Any future
Trust and Series that relies on the requested order will comply with
the terms and conditions of the application. All existing entities
that currently intend to rely on the requested order are named as
applicants.
---------------------------------------------------------------------------

    Summary of Application: Applicants request an order to permit
certain unit investment trusts to: (a) Impose sales charges on a
deferred basis and waive the deferred sales charge in certain cases;
(b) offer unitholders certain exchange and rollover options; (c)
publicly offer units without requiring the Depositor to take for its
own account $100,000 worth of units; and (d) distribute capital gains
resulting from the sale of portfolio securities within a reasonable
time after receipt.

DATES: Filing Dates: The application was filed on July 13, 2011, and
amended on December 2, 2011, and January 13, 2012.
    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 applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on February 17, 2012, and should be accompanied by proof of
service on the applicants, in the form of an affidavit, or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the writer's interest, 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: Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090; Applicants, 200 South Wacker Drive,
Suite 3700, Chicago, Illinois 60606.

FOR FURTHER INFORMATION CONTACT: Bruce R. MacNeil, Senior Counsel, at
(202) 551-6817, or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Office of Investment Company Regulation, Division of Investment
Management).

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 an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Incapital Trust is a unit investment trust (``UIT'') that is
registered under the Act. Any future Trust will be a registered UIT.
Incapital, an Illinois limited liability company, is registered under
the Securities Exchange Act of 1934 as a broker-dealer and is the
Depositor of the Incapital Trusts. Each Series will be created by a
trust indenture between the Depositor and a banking institution or
trust company as trustee (``Trustee'').
    2. The Depositor acquires a portfolio of securities, which it
deposits with the Trustee in exchange for certificates representing
units of fractional undivided interest in the Series' portfolio
(``Units''). The Units are offered to the public through the Depositor
and dealers at a price which, during the initial offering period, is
based upon the aggregate market value of the underlying securities, or,
the aggregate offering side evaluation of the underlying securities if
the underlying securities are not listed on a securities exchange, plus
a front-end sales charge. The maximum sales charge may be reduced in
compliance with rule 22d-1 under the Act in certain circumstances,
which are disclosed in the Series' prospectus.
    3. The Depositor may, but is not legally obligated to, maintain a
secondary market for Units of outstanding equity Series. Other broker-
dealers may or may not maintain a secondary market for Units of a
Series. If a secondary market is maintained, investors will be able to
purchase Units on the secondary market at the current public offering
price plus a front-end sales charge. If such a market is not maintained
at any time for any Series, holders of the Units (``Unitholders'') of
that Series may redeem their Units through the Trustee.

A. Deferred Sales Charge and Waiver of Deferred Sales Charge Under
Certain Circumstances

    1. Applicants request an order to the extent necessary to permit
one or more Series to impose a sales charge on a deferred basis
(``DSC''). For each Series, the Depositor would set a maximum sales
charge per Unit, a portion of which may be collected ``up front''
(i.e., at the time an investor purchases the Units). The DSC would be
collected subsequently in installments (``Installment Payments'') as
described in the application. The Depositor would not add any amount
for interest or any similar or related charge to adjust for such
deferral.
    2. When a Unitholder redeems or sells Units, the Depositor intends
to deduct any unpaid DSC from the redemption or sale proceeds. When
calculating the amount due, the Depositor will assume that Units on
which the DSC has been paid in full are redeemed or sold first. With
respect to Units on which the DSC has not been paid in full, the
Depositor will assume that the Units held for the longest time are
redeemed or sold first. Applicants represent that the DSC collected at
the time of redemption or sale, together with the Installment Payments
and any amount collected up front, will not exceed the maximum sales
charge per Unit. Under certain circumstances, the Depositor may waive
the collection of any unpaid DSC in connection with redemptions or
sales of Units. These circumstances will be disclosed in the prospectus
for the relevant Series and implemented in accordance with rule 22d-1
under the Act.
    3. Each Series offering Units subject to a DSC will state the
maximum charge per Unit in its prospectus. In addition, the prospectus
for such Series will include the table required by Form N-1A (modified
as appropriate to reflect the difference between UITs and open-end
management investment companies) and a schedule setting forth the
number and date of each Installment Payment, along with the duration of
the collection period. The prospectus also will disclose that portfolio
securities may be sold to pay the DSC if distribution income is
insufficient and that securities will be sold pro rata, if practicable,
otherwise a specific security will be designated for sale.

B. Exchange Option and Rollover Option

    1. Applicants request an order to the extent necessary to permit
Unitholders of a Series to exchange their Units for Units of another
Series (``Exchange Option'') and Unitholders of a Series that is
terminating to exchange their Units for Units of a new Series of the
same type (``Rollover Option''). The Exchange Option and Rollover
Option would apply to all exchanges of Units sold with a front-end
sales charge or DSC.
    2. A Unitholder who purchases Units under the Exchange Option or
Rollover Option would pay a lower sales charge

than that which would be paid for the Units by a new investor. The
reduced sales charge will be reasonably related to the expenses
incurred in connection with the administration of the DSC program,
which may include an amount that will fairly and adequately compensate
the Depositor and participating underwriters and brokers for their
services in providing the DSC program.

Applicants' Legal Analysis

A. DSC and Waiver of DSC

    1. Section 4(2) of the Act defines a ``unit investment trust'' as
an investment company that issues only redeemable securities. Section
2(a)(32) of the Act defines a ``redeemable security'' as a security
that, upon its presentation to the issuer, entitles the holder to
receive approximately his or her proportionate share of the issuer's
current net assets or the cash equivalent of those assets. Rule 22c-1
under the Act requires that the price of a redeemable security issued
by a registered investment company for purposes of sale, redemption or
repurchase be based on the security's current net asset value
(``NAV''). Because the collection of any unpaid DSC may cause a
redeeming Unitholder to receive an amount less than the NAV of the
redeemed Units, applicants request relief from section 2(a)(32) and
rule 22c-1.
    2. Section 22(d) of the Act and rule 22d-1 under the Act require a
registered investment company and its principal underwriter and dealers
to sell securities only at the current public offering price described
in the investment company's prospectus, with the exception of sales of
redeemable securities at prices that reflect scheduled variations in
the sales load. Section 2(a)(35) of the Act defines the term ``sales
load'' as the difference between the sales price and the portion of the
proceeds invested by the depositor or trustee. Applicants request
relief from section 2(a)(35) and section 22(d) to permit waivers,
deferrals or other scheduled variations of the sales load.
    3. Under section 6(c) of the Act, the Commission may exempt classes
of transactions, if and to the extent that 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. Applicants state that their proposal meets
the standards of section 6(c). Applicants state that the provisions of
section 22(d) are intended to prevent (a) riskless trading in
investment company securities due to backward pricing, (b) disruption
of orderly distribution by dealers selling shares at a discount, and
(c) discrimination among investors resulting from different prices
charged to different investors. Applicants assert that the proposed DSC
program will present none of these abuses. Applicants further state
that all scheduled variations in the sales load will be disclosed in
the prospectus of each Series and applied uniformly to all investors,
and that applicants will comply with all the conditions set forth in
rule 22d-1.
    4. Section 26(a)(2)(C) of the Act, in relevant part, prohibits a
trustee or custodian of a UIT from collecting from the trust as an
expense any payment to the trust's depositor or principal underwriter.
Because the Trustee's payment of the DSC to the Depositor may be deemed
to be an expense under section 26(a)(2)(C), applicants request relief
under section 6(c) from section 26(a)(2)(C) to the extent necessary to
permit the Trustee to collect Installment Payments and disburse them to
the Depositor. Applicants submit that the relief is appropriate because
the DSC is more properly characterized as a sales load.

B. Exchange Option and Rollover Option

    1. Sections 11(a) and 11(c) of the Act prohibit any offer of
exchange by a UIT for the securities of another investment company
unless the terms of the offer have been approved in advance by the
Commission. Applicants request an order under sections 11(a) and 11(c)
for Commission approval of the Exchange Option and the Rollover Option.

C. Net Worth Requirement

    1. Section 14(a) of the Act requires that a registered investment
company have $100,000 of net worth prior to making a public offering.
Applicants state that each Series will comply with this requirement
because the Depositor will deposit more than $100,000 of securities.
Applicants assert, however, that the Commission has interpreted section
14(a) as requiring that the initial capital investment in an investment
company be made without any intention to dispose of the investment.
Applicants state that, under this interpretation, a Series would not
satisfy section 14(a) because of the Depositor's intention to sell all
the Units of the Series.
    2. Rule 14a-3 under the Act exempts UITs from section 14(a) if
certain conditions are met, one of which is that the UIT invest only in
``eligible trust securities,'' as defined in the rule. Applicants state
that they may not rely on rule 14a-3 because certain Series
(collectively, ``Equity Series'') will invest all or a portion of their
assets in equity securities or shares of registered investment
companies which do not satisfy the definition of eligible trust
securities.
    3. Applicants request an exemption under section 6(c) of the Act to
the extent necessary to exempt the Equity Series from the net worth
requirement in section 14(a). Applicants state that the Series and the
Depositor will comply in all respects with the requirements of rule
14a-3, except that the Equity Series will not restrict their portfolio
investments to ``eligible trust securities.''

D. Capital Gains Distribution

    1. Section 19(b) of the Act and rule 19b-1 under the Act provide
that, except under limited circumstances, no registered investment
company may distribute long-term gains more than once every twelve
months. Rule 19b-1(c), under certain circumstances, exempts a UIT
investing in eligible trust securities (as defined in rule 14a-3) from
the requirements of rule 19b-1. Because the Equity Series do not limit
their investments to eligible trust securities, however, the Equity
Series will not qualify for the exemption in paragraph (c) of rule 19b-
1. Applicants therefore request an exemption under section 6(c) from
section 19(b) and rule 19b-1 to the extent necessary to permit capital
gains earned in connection with the sale of portfolio securities to be
distributed to Unitholders along with the Equity Series' regular
distributions. In all other respects, applicants will comply with
section 19(b) and rule 19b-1.
    2. Applicants state that their proposal meets the standards of
section 6(c). Applicants assert that any sale of portfolio securities
would be triggered by the need to meet Trust expenses, Installment
Payments, or by redemption requests, events over which the Depositor
and the Equity Series do not have control. Applicants further state
that, because principal distributions must be clearly indicated in
accompanying reports to Unitholders as a return of principal and will
be relatively small in comparison to normal dividend distributions,
there is little danger of confusion from failure to differentiate among
distributions.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:

A. DSC Relief and Exchange and Rollover Options

    1. Whenever the Exchange Option or the Rollover Option is to be
terminated or its terms are to be amended materially, any holder of a
security subject to that privilege will be given prominent notice of
the impending termination or amendment at least 60 days prior to the
date of termination or the effective date of the amendment, provided
that: (a) No such notice need be given if the only material effect of
an amendment is to reduce or eliminate the sales charge payable at the
time of an exchange, to add one or more new Series eligible for the
Exchange Option or the Rollover Option, or to delete a Series which has
terminated; and (b) no notice need be given if, under extraordinary
circumstances, either (i) there is a suspension of the redemption of
Units of the Series under section 22(e) of the Act and the rules and
regulations promulgated thereunder, or (ii) a Series temporarily delays
or ceases the sale of its Units because it is unable to invest amounts
effectively in accordance with applicable investment objectives,
policies and restrictions.
    2. An investor who purchases Units under the Exchange Option or the
Rollover Option will pay a lower sales charge than that which would be
paid for the Units by a new investor.
    3. The prospectus of each Series offering exchanges or rollovers
and any sales literature or advertising that mentions the existence of
the Exchange Option or Rollover Option will disclose that the Exchange
Option and the Rollover Option are subject to modification, termination
or suspension without notice, except in certain limited cases.
    4. Any DSC imposed on a Series' Units will comply with the
requirements of subparagraphs (1), (2) and (3) of rule 6c-10(a) under
the Act.
    5. Each Series offering Units subject to a DSC will include in its
prospectus the disclosure required by Form N-1A relating to deferred
sales charges (modified as appropriate to reflect the differences
between UITs and open-end management investment companies) and a
schedule setting forth the number and date of each Installment Payment.

B. Net Worth Requirement

    1. Applicants will comply in all respects with the requirements of
rule 14a-3 under the Act, except that the Equity Series will not
restrict their portfolio investments to ``eligible trust securities.''

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-1893 Filed 1-27-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 12, 2010 (Volume 75, Number 48)]
[Notices]
[Page 11992]
[DOCID:fr12mr10-189]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0111]

Notice of Scheduling of Public Hearing; Association of American
Railroads

    In a notice published January 4, 2010, the Federal Railroad
Administration (FRA) announced that the Association of American
Railroads (AAR) had petitioned FRA for a waiver of compliance from
certain requirements of Title 49 of the Code of Federal Regulations
(CFR) parts 234 and 236, and that a public hearing to discuss the
issues presented by AAR's petition had been scheduled for February 10,
2010, in Washington, DC. Due to inclement weather in the Washington, DC
area on the scheduled hearing date and the resulting temporary closure
of Federal Government offices in the Washington, DC area for most of
that week, FRA, by notice to all known interested parties, postponed
the hearing until a later date.
    This notice announces that the public hearing originally scheduled
for February 10, 2010, is now rescheduled for Wednesday, April 7, 2010,
beginning at 1 p.m. Accordingly, FRA invites all interested persons to
participate in the public hearing to address issues presented by AAR's
waiver request.
    As explained in FRA's January 4, 2010, notice, AAR seeks a waiver,
on behalf of its member railroads, from the monthly inspection and test
requirements for signal systems set forth in 49 CFR 234.249, 234.251,
234.253, 234.255, 234.257, 234.261, 236.382, and 236.576. The docket
number assigned to AAR's petition is Docket Number FRA-2009-0111. A
copy of AAR's full petition is available for review online at http://
www.regulations.gov.
    Dates: (1) Public hearing: A public hearing will be held on April
7, 2010, beginning at 1 p.m. in Washington, DC.
    (2) Comments: Interested parties may submit comments relevant to
this waiver request and/or issues discussed at the hearing to the
address noted below. Such written material should be submitted by May
7, 2010. Comments submitted after that date will be considered to the
extent possible.
    Addresses: (1) Public Hearing: The public hearing will be held at
the Washington Marriott, 1221 22nd Street, NW., Washington, DC 20037.
    (2) Attendance: Any persons wishing to make a statement at the
hearing should notify FRA's Docket Clerk, Ms. Michelle Silva, by
telephone, e-mail, or in writing, at least 5 business days before the
date of the hearing. Ms. Silva's contact information is as follows:
FRA, Office of Chief Counsel, Mail Stop 10, 1200 New Jersey Avenue,
SE., Washington, DC 20590; telephone<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>For information on facilities or services for
persons with disabilities or to request special assistance at the
meeting, please contact Ms. Silva by telephone or e-mail as soon as
possible.
    (3) Comments: Anyone wishing to file a comment related to this
waiver petition or issues raised at the hearing should refer to Docket
Number FRA-2009-0111. You may submit your comments and related material
by any of the following methods:
     Internet: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: Docket Operations Facility, U.S. Department
of Transportation, 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    All written communications submitted in response to this notice
will be available for examination at the above-facility during regular
business hours (9 a.m. to 5 p.m.), Monday through Friday, except
Federal Holidays. All documents in the public docket are also available
for inspection and download on the internet at the docket facility's
Web site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the 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 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on March 8, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 2010-5468 Filed 3-11-10; 8:45 am]
BILLING CODE 4910-06-P