[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35936-35937]
[FR Doc No: 2020-12750]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-4533]

Compounding Animal Drugs From Bulk Drug Substances; Draft
Guidance for Industry; Availability; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of comment period.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
extending the comment period for the notice of availability that
published in the Federal Register on November 20, 2019. In that notice,
FDA requested comments on the draft guidance for industry (GFI) #256
entitled ``Compounding Animal Drugs from Bulk Drug Substances.'' FDA is
taking this action in response to requests for an extension to allow
interested persons additional time to submit comments.

DATES: FDA is further extending the comment period on the document
published November 20, 2019 (84 FR 64085), which was reopened in a
document published February 20, 2020 (85 FR 9783). Submit either
electronic or written comments on the draft guidance by October 15,
2020, to ensure that the Agency considers your comments on this draft
guidance before it begins work on the final version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-4533 for ``Compounding Animal Drugs From Bulk Drug
Substances.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Eric Nelson, Division of Compliance
(HFV-230), Center for Veterinary Medicine, Food and Drug
Administration, 7519 Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of November 20,
2019, FDA published a notice announcing the availability of draft GFI
#256 entitled ``Compounding Animal Drugs From Bulk Drug Substances''
with a 90-day comment period. We requested comments on the draft
guidance with respect to animal drug compounding from bulk drug
substances under certain circumstances when no other medically
appropriate treatment option exists.
    Interested persons were originally given until February 18, 2020,
to comment on the draft guidance. The Agency received requests to allow
interested persons additional time to comment. The requests conveyed
concern that the initial 90-day comment period did not allow sufficient
time to develop a comprehensive response. FDA considered these requests
and reopened the comment period for an additional 120 days, until June
17, 2020 (85 FR 9783).
    Since then, FDA has received additional requests to further extend
the comment period. FDA has considered the requests and is extending
the comment period for the notice of availability for another 120 days,
until October 15, 2020. The Agency believes that a further extension of
120 days allows adequate time for interested persons to submit
comments.

    Dated: June 8, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-12750 Filed 6-11-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Notices]
[Page 70196]
[FR Doc No: 2015-28770]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. Algonquin Gas Transmission, LLC CP16-9-000 Maritimes &
Northeast Pipeline, L.L.C. PF15-12-000]

Notice of Application

    Take notice that on October 22, 2015, Algonquin Gas Transmission,
LLC (Algonquin) and Maritimes & Northeast Pipeline, L.L.C. (Maritimes)
(together, the Applicants), 5400 Westheimer Court, Houston, Texas
77056-5310, jointly filed in the above referenced docket an application
pursuant to section 7(c) of the Natural Gas Act (NGA), and Part 157 of
the Commission's regulations requesting authorization to construct and
operate the Atlantic Bridge Project, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site web
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to Berk
Donaldson, General Manager, Rates and Certificates, Algonquin Gas
Transmission, LLC and Maritimes & Northeast Pipeline, L.L.C., P.O. Box
1642, Houston, Texas 77251-1642 at<PHONE_NUMBER>.
    Specifically the applicants propose to: (i) Construct 6.3 miles
pipeline facilities and related facilities in New York and Connecticut;
(ii) modify three existing compressor stations in Connecticut resulting
in the addition of 18,800 horsepower (hp) of compression; (iii)
construct and operate a new compressor station in Massachusetts
resulting in the addition of 7,700 hp of compression; (iv) modify six
existing metering, and regulator stations (M&R) and construct a new M&R
Station; and (v) to abandon certain existing facilities. The Atlantic
Bridge Project will allow both Algonquin and Maritimes to provide
additional firm transportation. The applicants request authorization to
charge an initial incremental Atlantic Bridge Project recourse rate and
related incremental fuel, and also requested a pre-determination of
rolled-in rates treatment for the Project. The cost of the project will
be approximately $449.8 million.
    On February 20, 2015 the Commission staff granted Columbia's
request to utilize the Pre-Filing Process and assigned Docket No. PF15-
12-000 to staff activities involved in the Project. Now, as of the
filing of the October 22, 2015 application, the Pre-Filing Process for
this project has ended. From this time forward, this proceeding will be
conducted in Docket No. CP16-9-000, as noted in the caption of this
Notice.
    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: November 27, 2015.

    Dated: November 5, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-28770 Filed 11-12-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8582-8585]
[FR Doc No: 2016-03442]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77137; File No. SR-NASDAQ-2015-144]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change To Amend Rules 5810(4),
5810(c), 5815(c) and 5820(d) To Provide Staff With Limited Discretion
To Grant a Listed Company That Failed To Hold Its Annual Meeting of
Shareholders an Extension of Time To Comply With the Annual Meeting
Requirement

February 12, 2016.

I. Introduction

    On December 9, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (``Act''),\2\ and Rule 19b-4 thereunder,\3\ a
proposed rule change to provide staff of NASDAQ's Listing
Qualifications Department (``Staff'') with limited discretion to grant
a listed company, that failed to timely hold its annual meeting of
shareholders, a certain period of time to comply with the annual
meeting requirement.\4\ The proposed rule change was published for
comment in the Federal Register on December 30, 2015.\5\ The Commission
received no comments on the proposed rule change. This order approves
the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ As described in more detail below, the total amount of time
a listed company that fails to hold an annual meeting of
shareholders can remain listed on the Exchange will not be changing
under the proposed rule change.
    \5\ See Securities Exchange Act Release No. 76731 (December 22,
2015), 80 FR 81573 (``Notice'').
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II. Description of the Proposed Rule Change

    Companies listed on the Exchange must comply with various continued
listing requirements, one of which is to hold an annual meeting no
later than one year after the end of the company's fiscal year.\6\
Currently, if an Exchange-listed company fails to hold its annual
meeting, Staff has no discretion to allow additional time for the
company to regain compliance. Instead, Staff is required to issue a
Delisting Determination, subjecting the company to immediate suspension
and delisting, unless the company appeals the Delisting Determination
to the Hearings Panel.\7\ The only other Exchange rules where a listed
company is subject to immediate suspension and delisting is when a
company fails to timely solicit proxies and when the Staff determines
that the company's continued listing raises a public interest
concern.\8\ For all other deficiencies under the NASDAQ Listing Rules,
a listed company is provided with either the opportunity to submit a
plan to regain compliance or given a fixed cure period to regain
compliance.\9\
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    \6\ Each company listing common stock or voting preferred stock,
and their equivalents, must hold an annual meeting of shareholders
no later than one year after the end of the company's fiscal year
and solicit proxies for that meeting. See Exchange Rules 5620(a) and
(b), respectively. The proposed rule change will also apply to
Exchange listed companies that are limited partnerships required to
hold an annual meeting. A company that is a limited partnership is
not be required to hold an annual meeting of limited partners unless
required by statute or regulation in the state in which the limited
partnership is formed or doing business or by the terms of the
partnership's limited partnership agreement. See Exchange Rules
5615(a)(4)(D) and (F); see also Notice, supra note 5, at 81573 n.3.
    \7\ See Exchange Rule 5810(c)(1). A listed company may request
review of a Staff delisting determination by a Hearings Panel. See
Exchange Rule 5815. A timely request for a hearing will stay the
suspension and delisting pending the issuance of a written Panel
Decision. See Exchange Rule 5815(a)(1)(A).
    \8\ See Exchange Rule 5810(c)(1); see also Notice, supra note 5,
at 81573.
    \9\ See Exchange Rules 5810(c)(2) and (3); see also Notice,
supra note 5, at 81573. Generally, a listed company is allowed 45
calendar days to submit a plan of compliance for certain
deficiencies set forth in Exchange Rule 5810(c)(2)(i)-(iii). Upon
review of the plan, Staff may grant the company up to 180 calendar
days from the date of Staff's initial notification of the company's
non-compliance to regain compliance. See Exchange Rule 5810(c)(2)(A)
and (B); see also Exchange Rule 5810(c)(2)(F), which provides a
company 60 calendar days to submit a plan to regain compliance for
filing deficiencies. If upon review of the company's plan Staff
determines that an extension is not warranted, Staff will issue a
Delisting Determination, which triggers the company's right to
request review by a Hearings Panel. See Exchange Rule 5815; see also
Exchange Rule 5810(c)(2)(F).
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    The Exchange asserted in its filing that there are a variety of
mitigating reasons why a listed company may fail to timely hold an
annual meeting of shareholders.\10\ For example, the Exchange states
that it has observed

cases where a listed company was required to reschedule the annual
meeting after the meeting's deadline in order to provide its
shareholders more time to review proxy materials in connection with a
shareholder proxy contest.\11\ The Exchange also stated that it had
encountered listed companies that could not hold an annual meeting
because the company was delinquent in filing periodic reports and, as a
result, could not include the required financial information in a proxy
statement.\12\
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    \10\ See Notice, supra note 5, at 81573.
    \11\ See Notice, supra note 5, at 81573-74.
    \12\ See Notice, supra note 5, at 81574. Under the current
rules, the Exchange states that a listed company could receive an
extension of time to regain compliance with the periodic filing
requirement. However, if during any such compliance period the
company subsequently fails to hold an annual meeting of shareholders
for any reason, Staff would be required to immediately issue a
Delisting Determination for both the periodic filing delinquency and
the annual meeting deficiency, notwithstanding that the extended
compliance period for the periodic filing delinquency has not
expired. See Rule 5810(c)(2)(A); see also Notice, supra note 5, at
81574.
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    Accordingly, the Exchange has proposed to amend Exchange Rules
5810(4), 5810(c), 5815(c) and 5820(d) to provide listed companies that
fail to hold a timely annual meeting with the ability to submit a plan
of compliance for Staff's review.\13\ In its filing, the Exchange
proposed to amend Exchange Rule 5810(c)(1) by deleting the language
that a failure of a listed company to timely hold its annual
shareholders' meeting results in an immediate suspension and delisting.
The Exchange also proposed to amend Exchange Rule 5810(c)(2)(A)(iii) by
including references to Exchange Rules 5620(a) (Meeting of
Shareholders) and 5615(a)(4)(D) (Partner Meetings of Limited
Partnerships) under the list of deficiencies for which a listed company
may submit a plan of compliance for Staff review.
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    \13\ See Notice, supra note 5, at 81574.
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    Under proposed Exchange Rule 5810(c)(2)(G), in the case of
deficiencies from the annual meeting requirements of Exchange Rules
5620(a) and 5615(a)(4)(D), Staff's notice shall provide the listed
company with 45 calendar days to submit a plan to regain compliance
with these provisions; provided, however, that the company shall not be
provided with an opportunity to submit such a plan if review of a prior
Staff Delisting Determination with respect to the company is already
pending.\14\ In determining whether to grant the company an extension
to comply with the annual meeting requirement, and the length of any
such extension, Staff will consider certain factors, which should be
addressed in the company's compliance plan, including the likelihood
that the listed company would be able to hold an annual meeting within
the exception period, the company's past compliance history, the
reasons for the failure to timely hold an annual meeting, corporate
events that may occur within the exception period, the company's
general financial status, and the company's disclosures to the
market.\15\ Under proposed Exchange Rule 5810(c)(2)(G), Staff would be
limited to grant an extension upon review of the compliance plan, to no
more than 180 calendar days from the deadline to hold the annual
meeting. As noted above, the deadline to hold an annual meeting of
shareholders is one year after the end of the company's fiscal
year.\16\ The Exchange is also making other conforming changes to the
provisions in Exchange Rule 5810(c)(2)(B) to make clear that annual
meeting deficiencies are governed by the new provisions in Exchange
Rule 5810(c)(2)(G), rather than the plan review provisions that apply
to other deficiencies.
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    \14\ See proposed Exchange Rule 5810(c)(2)(G)(i). The Exchange
also proposes that Staff may extend the deadline for up to an
additional 15 calendar days upon good cause shown and may request
such additional information from the listed company as is necessary
to make a determination regarding whether to grant such an
extension. See id.
    \15\ See proposed Exchange Rule 5810(c)(2)(G)(ii). Under this
proposal, Staff review on whether to grant additional time to comply
will be based on information provided by a variety of sources, which
may include the listed company, its audit committee, its outside
auditors, the staff of the Commission, and any other regulatory
body. See id.
    \16\ See proposed Exchange Rule 5810(c)(2)(G)(ii). In its
filing, the Exchange noted that it has observed that a substantial
majority of listed companies that received delisting notices for
failing to hold their annual meetings regain compliance within a six
month period. See Notice, supra note 5, at 81574 n.15.
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    The Exchange also has proposed to amend, in conjunction with the
changes described above, Exchange Rules 5815(c) and 5820(d) to limit
the maximum length of an extension that a NASDAQ Hearings Panel or the
NASDAQ Listing and Hearing Review Council (``Council''), respectively,
may grant a listed company for the failure to hold an annual meeting to
no more than 360 calendar days from the date of non-compliance.\17\
Under the Exchange's current rules, when a non-compliant company
receives a Delisting Determination, it may appeal that determination to
the Hearings Panel, which can grant an exception from the continuing
listed standards (which require compliance with the annual meeting
requirement) for a maximum of 180 calendar days from the date of the
Delisting Determination,\18\ and the company may further appeal an
unfavorable Hearings Panel decision to the Council, which can grant an
exception from the continuing listed standards for a maximum of 360
calendar days from the date of the Delisting Determination.\19\
Therefore, under both the proposed rule change and the current rules,
the total amount of time that a company could remain listed while not
in compliance with the annual meeting requirement is 360 calendar
days.\20\
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    \17\ See proposed Exchange Rules 5810(c)(1)(G) and 5820(d)(5).
    \18\ See Exchange Rule 5815(c)(1)(A). As noted above, an appeal
to the Hearings Panel results in an automatic stay of the suspension
and delisting.
    \19\ See Exchange Rule 5820(d)(1).
    \20\ See Notice, supra note 5, at 81574 (Exchange representing
that the total time that a listed company may be granted to regain
compliance with the annual meeting requirement is unchanged from the
current NASDAQ Listing Rules).
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    Furthermore, the Exchange proposes to amend Exchange Rule 5810(4)
to make clear that a Public Reprimand Letter is not an available
notification type for unresolved deficiencies from the standards of
Exchange Rules 5250(c) (Obligation to File Periodic Financial Reports),
and the annual meeting requirements of Exchange Rules 5615(a)(4)(D),
and 5620(a).
    Lastly, the Exchange noted in its filing that a listed company that
submits a plan of compliance and is not subject to the Exchange's all-
inclusive annual listing fee program (``Fee Program'') prior to January
1, 2018 will be subject to the $5,000 compliance plan review fee, in
addition to any other fees incurred in the appellate process, whereas a
company that has opted-in to the Fee Program will not.\21\
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    \21\ See Exchange Rule 5810(c)(2)(A). Effective January 1, 2018,
all listed companies will be subject to the Fee Program and the
$5,000 fee will no longer be applicable to any company. See Exchange
Rule IM-5910-1 and IM-5920-1; see also Notice, supra note 5, at
81574. In addition, all listed companies, regardless of whether they
participate in the Fee Program or not, are subject to the $10,000
fee for each of the review by the Hearing Panel and appeal to the
Council set forth in Exchange Rules 5815(a)(3) and 5820(a),
respectively. See Notice, supra note 5, at 81574. Listed companies
may be subject to these fees at different times depending on if and
when they regain compliance. See id.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and rules and
regulations thereunder applicable to a national securities
exchange.\22\ In particular, the

Commission finds that the proposal is consistent with Section 6(b)(5)
of the Act,\23\ which requires, among other things, that the rules of a
national securities exchange be designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest; and are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \22\ In approving the proposed rule changes, the Commission has
considered their impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \23\ 15 U.S.C. 78s(b)(4).
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    The development and enforcement of meaningful corporate governance
listing standards for a national securities exchange is of substantial
importance to financial markets and the investing public, especially
given investor expectations regarding the nature of companies that have
achieved an exchange listing for their securities. In particular, the
Commission believes that the goal of ensuring that listed companies
have met their requirement to hold an annual meeting of shareholders
under the Exchange's Listing Rules is of critical importance to allow
shareholders the ability to exercise their rights to participate in
corporate governance matters, such as the election of directors. As a
publicly listed company, it is at a company's annual meeting that
shareholders will typically exercise their right to vote on such
important corporate matters as the election of directors. For these
same reasons, it is also important that companies that have failed to
timely hold an annual meeting of shareholders do not remain listed on a
national securities exchange if such deficiency is not cured in a
timely manner.
    As discussed above, the Exchange believes that, in some cases,
there may be mitigating reasons for why a listed company failed to
fulfill its annual meeting requirement, and for which immediate
suspension and delisting may not be an appropriate outcome under the
circumstances.\24\ In these cases, the proposed rule change gives Staff
discretion to analyze whether the reason for the annual meeting
deficiency and the plan to regain compliance merit an exception to
immediate suspension and delisting.\25\ In this regard, the Commission
notes that under the Exchange's current rules, a listed company
receiving a Staff Delisting Determination for a failure to hold an
annual meeting may immediately appeal the determination to a Hearings
Panel, which generally results in an automatic stay of the suspension
and delisting pending the issuance of a written Panel Decision.\26\ In
practice, it is the Commission's understanding from the Exchange that
listed companies will often appeal a suspension and delisting
determination for failure to hold an annual meeting in order to receive
the automatic stay from the Hearings Panel. As such, the proposed rule
change provides Staff with the ability to analyze particular instances
of non-compliance with the annual meeting requirement prior to any
appeal to the Hearings Panel, and if Staff deems it warranted, allow a
non-compliant company to carry out a compliance plan for a limited time
that could enable the company to become compliant again without the
need to appeal to the Hearings Panel (or Council).
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    \24\ See Notice, supra note 5, at 81575.
    \25\ See proposed Exchange Rule 5810(c)(2)(G).
    \26\ See supra note 7. The Commission notes that the proposed
factors, set forth in proposed Exchange Rule 5810(c)(2)(G)(ii), that
would be used to determine whether to grant an exception for the
failure to hold an annual meeting, and the length of any such
exception, are substantially similar to the factors used by a
Hearings Panel to determine whether to grant a further stay of a
Staff Delisting Determination. See Exchange Rule 5815(a)(1)(B).
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    Importantly, the Commission notes that the maximum time allowed by
the proposed requirements for a deficient company to remain listed
while trying to regain compliance with the annual meeting requirement
(360 calendar days) would be the same as the maximum time allowed by
the current requirements for a deficient company (that appeals to both
the Hearings Panel and Council, and is granted the maximum permitted
extensions of time by those adjudicatory bodies) to remain listed while
not in compliance with the annual meeting requirement (also 360
calendar days).\27\ The difference under the proposed rule change is
that, pursuant to Staff's discretion, the non-compliant company may be
granted an exception from the continued listed requirements of up to
180 calendar days from the annual meeting deadline (i.e., the first
180-days of the overall 360-day time period) in order to potentially
fulfill a compliance plan and avoid a Delisting Determination.\28\ By
contrast, under the Exchange's current rules, since there is no
opportunity for a compliance plan, the full 360-day period is spent
before the Hearings Panel and the Council, assuming the non-compliant
company has appealed its Delisting Determination to both the Hearings
Panel and Council and been granted the maximum allowable exceptions
from the continued listing requirements by those adjudicatory bodies.
In the Commission's view, the fact that the current maximum time period
that a company could remain listed while not in compliance with the
annual meeting requirement will be unchanged under the proposal
suggests that the proposal is reasonably designed to continue to afford
adequate protection to investors with respect to companies that fail to
hold an annual meeting in the time required under the Exchange rules.
---------------------------------------------------------------------------

    \27\ Compare proposed Rules 5815(c)(1)(G) and 5820(d)(5) with
current rules 5815(c)(1)(A) and 5820(d)(1); see also Notice, supra
note 5, at 81574 (Exchange representing that the total time that a
listed company may be granted to regain compliance with the annual
meeting requirement is unchanged from the current NASDAQ Listing
Rules).
    \28\ If the non-complaint company is ultimately unsuccessful in
this regard, however, and is issued a Delisting Determination, the
Hearings Panel and Council may grant an additional exception only
out to 360 calendar days from the annual meeting deadline. In other
words, if a non-compliant company receives the full 180-day
exception from Staff in order to attempt to carry out a compliance
plan but does not regain compliance by the end of that 180-day
period and is therefore issued a Delisting Determination, it would
only have 180 more days to avail itself of its appeal rights.
---------------------------------------------------------------------------

    Moreover, the Commission emphasizes that, under the proposal, Staff
retains the discretion not to grant an exception from the continued
listing requirements to a company that has failed to hold its annual
meeting on time. The Commission expects Staff to exercise this
discretion carefully and discerningly. Staff's analysis in this regard
would include consideration of the factors set forth in proposed
Exchange Rule 5810(c)(2)(G)(ii), which the deficient company also would
be required to discuss in its compliance plan. The Commission expects
Staff to carefully scrutinize these factors when conducting its
analysis, and not to grant an exception from the continued listing
requirements when Staff believes that such an exception is not
warranted or it is unlikely the company will be able to hold its annual
meeting within the time permitted. For example, a listed company that
demonstrates a history of failures to hold a timely annual meeting
could, and most likely should, still be subject to immediate suspension
and delisting.\29\
---------------------------------------------------------------------------

    \29\ See proposed Exchange Rule 5810(c)(2)(G)(ii). The
Commission notes that such a company would have a right to appeal
the determination to a Hearings Panel, which will generally stay the
suspension and delisting.
---------------------------------------------------------------------------

    Additionally, the Exchange rules will continue to provide Staff
with the ability to send an immediate Delisting Determination to a
deficient company when Staff has determined that, after review of the
facts and circumstances of the deficiency, continued listing raises a

public interest concern.\30\ Accordingly, the Commission believes the
proposed rule change will continue to enable the Exchange to
immediately suspend and delist companies that have failed to hold an
annual meeting when the circumstances warrant it, but at the same time
will provide the Exchange with flexibility to address instances in
which the failure to hold an annual meeting, in the Exchange's
discretion, counsels in favor of giving the non-compliant company an
opportunity to regain compliance for a limited time period without
being subject to immediate suspension and delisting or having to avail
themselves of the Hearings Panel process to stay the action. The
Commission believes, therefore, that the proposed rule change is
designed to protect investors and the public interest, as well as to
promote just and equitable principles of trade.
---------------------------------------------------------------------------

    \30\ See Exchange Rule 5810(c)(1).
---------------------------------------------------------------------------

    The Commission further notes that, as an additional protection of
investors and the public interest, a listed company that receives
notification that it is deficient in satisfying the annual meeting
requirement will continue to be required to publicly disclose that it
has received notification of non-compliance with the annual meeting
requirement.\31\ In addition, the Exchange publicly discloses a list of
companies that are non-compliant with the continued listing standards
and the listing standards with which they failed to comply.\32\
Furthermore, by making it clear in the proposed rules that a Public
Reprimand Letter does not apply to deficiencies from the requirement to
hold an annual meeting, the Commission believes that the proposal
should benefit the public interest and protect investors by helping to
ensure that deficient companies are subject to suspension and delisting
for failure to hold an annual meeting and ensures that the only cure
under the Exchange rules is for the company to hold its annual
meeting.\33\ Accordingly, for the foregoing reasons, the Commission
believes that the proposed rule change is reasonably designed to
further the goals of Section 6(b)(5) of the Act.
---------------------------------------------------------------------------

    \31\ See Exchange Rule 5810(b) and IM-5810-1. See also Item 3.01
of Commission Form 8-K, which requires that a registrant disclose
any notification from the exchange that maintains its principal
listing that the registrant does not satisfy a rule or standard for
continued listing on the exchange.
    \32\ See Exchange List of Non-Compliant Companies, available at
https://listingcenter.nasdaq.com/NonCompliantCompanyList.aspx.
    \33\ Exchange Rule 5805(j) defines a ``Public Reprimand Letter''
as a letter issued by Staff or a written decision of an Adjudicatory
Body in cases where the listed company has violated an Exchange
corporate governance or notification listing standard (other than
one required by Rule 10A-3 of the Act) and Staff or the Adjudicatory
Body determines that delisting is an inappropriate sanction.
---------------------------------------------------------------------------

    The Commission also finds that the proposal is consistent with
Section 6(b)(4) of the Act,\34\ which requires that the rules of an
exchange provide for the equitable allocation of reasonable dues, fees,
and other charges among its members and issuers and other persons using
its facilities. Specifically, the Commission believes that assessing
the $5,000 compliance plan review fee for deficiencies from the annual
meeting requirement on listed companies that have not opted-in to the
Fee Program is reasonable and equitably allocated because it is the
same fee that is charged for other deficiencies that allow for the
submission of a plan of compliance.\35\ Furthermore, the Commission
believes that assessing different fees between listed companies that
elect to participate in the Fee Program and those that do not are
consistent with the approach allowed when the Fee Program was
adopted.\36\
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(5).
    \35\ See proposed Exchange Rule 5810(c)(2)(A)(iii); see also
supra note 21.
    \36\ See Notice, supra note 5, at 81575.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\37\ that the proposed rule change (SR-NASDAQ-2015-144), be, and hereby
is, approved.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78f(b)(2).
    \38\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03442 Filed 2-18-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Proposed Rules]
[Pages 73194-73197]
[FR Doc No: 2021-27833]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1076; Project Identifier MCAI-2021-00560-T]
RIN 2120-AA64

Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This proposed AD was prompted by reports of in-service
findings of corrosion on the flange of the main landing gear (MLG)
lower spindle pin. This proposed AD would require repetitive
inspections of the left and right MLG lower spindle pins to detect
corrosion, and applicable repair or replacement if necessary, as
specified in a Transport Canada Civil Aviation (TCCA) AD, which is
proposed for incorporation by reference. The FAA is proposing this AD
to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February
10, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact TCCA, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario, K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]; internet https://tc.canada.ca/en/aviation.
You may view this IBR material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1076.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1076; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer,
Mechanical Systems and Administrative

Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-1076; Project Identifier
MCAI-2021-00560-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email [email protected]. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA
AD CF-2021-22, issued July 5, 2021 (TCCA AD CF-2021-22) (also referred
to as the Mandatory Continuing Airworthiness Information, or the MCAI),
to correct an unsafe condition for all Airbus Canada Limited
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. TCCA AD CF-
2021-22 superseded TCCA AD CF-2021-18, dated May 6, 2021, to correct an
error in a compliance time.
    This proposed AD was prompted by reports of in-service findings of
corrosion on the flange of the MLG lower spindle pin. Investigation
revealed that micro-fretting of the anti-rotation washer at the spindle
pin flange surface causes abrasion of the protective coating, and
leaves the flange area susceptible to corrosion. The MLG lower spindle
pin is a principal structural element (PSE); if the corrosion
progresses from the flange to the adjacent radius area, it can lead to
low cycle fatigue (LCF) cracking. The FAA is proposing this AD to
address corrosion and subsequent cracking of the MLG lower spindle pin,
which could result in failure of the pin, and consequent collapse of
the MLG. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2021-22 specifies procedures for repetitive inspections
(including visual and liquid penetrant inspections and nondestructive
tests) of the left and right MLG lower spindle pins for corrosion, and
applicable repair or replacement of the MLG lower spindle pin. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in TCCA AD CF-2021-22 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate TCCA AD CF-2021-22 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
TCCA AD CF-2021-22 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in TCCA AD CF-2021-22 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Corrective Actions'' in TCCA AD CF-2021-22. Service
information required by TCCA AD CF-2021-22 for compliance will be
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-1076 after the FAA final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 51 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost               Parts cost        Cost per product             Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 25 work-hours x $85 per hour            $0  Up to $2,125................  Up to $108,375 per inspection
 = $2,125.                                                                       cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                                    Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 3 work-hours x $85 per hour = $255  Up to $33,038.....................  Up to $33,293.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take 1 work-hour per product to
comply with the on-condition reporting requirement in this proposed AD.
The average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting the inspection results on U.S.
operators to be $85 per product.
    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Canada Limited Partnership (Type Certificate Previously Held
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.):
Docket No. FAA-2021-1076; Project Identifier MCAI-2021-00560-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 10, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Canada Limited Partnership (type
certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of in-service findings of
corrosion on the flange of the main landing gear (MLG) lower spindle
pin. The FAA is issuing this AD to address corrosion and subsequent
cracking of the MLG lower spindle pin, which could result in failure
of the pin, and consequent collapse of the MLG.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Transport Canada Civil Aviation (TCCA) AD CF-2021-
22, issued July 5, 2021 (TCCA AD CF-2021-22).

(h) Exceptions to TCCA AD 2021-22

    (1) Where TCCA AD CF-2021-22 refers to May 20, 2021, the
effective date of TCCA AD CF-2021-18, this AD requires using the
effective date of this AD.
    (2) Where the service information identified in TCCA AD CF-2021-
22 specifies to report inspection results, for this AD, report only
positive findings of the first four inspections at the applicable
time specified in paragraph (h)(2)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Airbus Canada Limited Partnership's TCCA
Design Approval Organization (DAO). If approved by the DAO, the
approval must include the DAO-authorized signature.

(j) Related Information

    (1) For TCCA AD CF-2021-22, contact TCCA, Transport Canada
National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario K1A 0N5, Canada; telephone<PHONE_NUMBER>; email [email protected]; internet https://tc.canada.ca/en/aviation. You may view
this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-1076.
    (2) For more information about this AD, contact Chirayu Gupta,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
[email protected].

    Issued on December 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27833 Filed 12-23-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55602-55603]
[FR Doc No: 2017-25326]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER10-3297-011.
    Applicants: Powerex Corp. .
    Description: Notice of Change in Status and Request for
Confidential Treatment of Powerex Corp.
    Filed Date: 11/15/17.
    Accession Number: 20171115-5236.
    Comments Due: 5 p.m. ET 12/6/17.

    Docket Numbers: ER11-3417-013; ER11-2292-019; ER11-3942-018; ER11-
2293-019; ER10-2917-018; ER11-2294-017; ER12-2447-017; ER13-1613-011
ER10-2918-019; ER10-2920-018; ER11-3941-016; ER10-2921-018; ER10-2922-
018; ER13-1346-009; ER10-2966-018; ER11-2383-013; ER10-3178-010; ER12-
161-018; ER12-2068-014; ER12-645-019; ER10-2460-014; ER10-2461-015;
ER12-682-015; ER10-2463-014; ER11-2201-018; ER13-1139-017; ER13-17-012;
ER14-25-014; ER14-2630-010; ER12-1311-014; ER10-2466-015; ER11-4029-
014; ER10-2895-018; ER14-1964-009; ER16-287-004; ER13-2143-011; ER10-
3167-010; ER13-203-010; ER17-482-003.
    Applicants: Alta Wind VIII, LLC, Bear Swamp Power Company LLC, BIF
II Safe Harbor Holdings, LLC, BIF III Holtwood LLC, Black Bear
Development Holdings, LLC, Black Bear Hydro Partners, LLC, Black Bear
SO, LLC, BREG Aggregator LLC, Brookfield Energy Marketing Inc.,
Brookfield Energy Marketing LP, Brookfield Energy Marketing US LLC,
Brookfield Power Piney & Deep Creek LLC, Brookfield Renewable Energy
Marketing US LLC, Brookfield Smoky Mountain Hydropower LLC, Brookfield
White Pine Hydro LLC, Carr Street Generating Station, L.P., Erie
Boulevard Hydropower, L.P., Granite Reliable Power, LLC, Great Lakes
Hydro America, LLC, Hawks Nest Hydro LLC, Mesa Wind Power Corporation,
Rumford Falls Hydro LLC, Safe Harbor Water Power Corporation, Windstar
Energy, LLC, Bishop Hill Energy LLC, Blue Sky East, LLC, California
Ridge Wind Energy LLC, Canandaigua Power Partners, LLC, Canandaigua
Power Partners II, LLC, Erie Wind, LLC, Evergreen Wind Power, LLC,
Evergreen Wind Power III, LLC, Imperial Valley Solar 1, LLC, Niagara
Wind Power, LLC, Prairie Breeze Wind Energy LLC, Regulus Solar, LLC,
Stetson Holdings,

LLC, Stetson Wind II, LLC, Vermont Wind, LLC.
    Description: Notice of Change in Status of the Brookfield Companies
and TerraForm Companies.
    Filed Date: 11/15/17.
    Accession Number: 20171115-5251.
    Comments Due: 5 p.m. ET 12/6/17.

    Docket Numbers: ER17-1657-000.
    Applicants: Armstrong Power, LLC.
    Description: Report Filing: Refund Report--Informational Filing
(EL16-79) to be effective N/A.
    Filed Date: 11/15/17.
    Accession Number: 20171115-5227.
    Comments Due: 5 p.m. ET 12/6/17.

    Docket Numbers: ER17-1658-000.
    Applicants: Calumet Energy Team, LLC.
    Description: Report Filing: Refund Report--Informational Report
(EL16-80-000) to be effective N/A.
    Filed Date: 11/15/17.
    Accession Number: 20171115-5217.
    Comments Due: 5 p.m. ET 12/6/17.

    Docket Numbers: ER17-1659-000.
    Applicants: Northeastern Power Company.
    Description: Report Filing: Refund Report--Informational Filing
(EL16-81-000) to be effective N/A.
    Filed Date: 11/15/17.
    Accession Number: 20171115-5220.
    Comments Due: 5 p.m. ET 12/6/17.

    Docket Numbers: ER17-1660-000.
    Applicants: Pleasants Energy, LLC.
    Description: Report Filing: Refund Report--Informational Filing
(EL16-82-000) to be effective N/A.
    Filed Date: 11/15/17.
    Accession Number: 20171115-5228.
    Comments Due: 5 p.m. ET 12/6/17.

    Docket Numbers: ER17-1661-000.
    Applicants: Troy Energy, LLC.
    Description: Report Filing: Refund Report--Informational Filing
(EL16-83-000) to be effective N/A.
    Filed Date: 11/15/17.
    Accession Number: 20171115-5229.
    Comments Due: 5 p.m. ET 12/6/17.

    Docket Numbers: ER17-1663-000.
    Applicants: Elwood Energy LLC.
    Description: Report Filing: Refund Report--Informational Report
(EL16-98-000) to be effective N/A.
    Filed Date: 11/15/17.
    Accession Number: 20171115-5192.
    Comments Due: 5 p.m. ET 12/6/17.

    Docket Numbers: ER18-299-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original Service Agreement
No. 4841; Queue No. AC2-136 (WMPA) to be effective 10/25/2017.
    Filed Date: 11/16/17.
    Accession Number: 20171116-5004.
    Comments Due: 5 p.m. ET 12/7/17.

    Docket Numbers: ER18-300-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Limited waiver request of Midcontinent Independent
System Operator, Inc. under ER18-300.
    Filed Date: 11/15/17.
    Accession Number: 20171115-5240..
    Comments Due: 5 p.m. ET 12/6/17.

    Docket Numbers: ER18-301-000.
    Applicants: Ormesa LLC.
    Description: Baseline eTariff Filing: Petition for Approval of
Initial Market-Based Rate Tariff to be effective 11/30/2017.
    Filed Date: 11/16/17.
    Accession Number: 20171116-5017.
    Comments Due: 5 p.m. ET 12/7/17.

    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 16, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-25326 Filed 11-21-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Notices]
[Pages 16891-16892]
[FR Doc No: 2012-6833]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at Tulsa International Airport, Tulsa, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Request to Release Airport Property.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the Tulsa International Airport under the provision
of Section 817 of the FAA Modernization and Reform Act of 2012.

DATES: Comments must be received on or before April 30, 2012.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. Edward Agnew, Manager, Federal
Aviation Administration, Southwest Region, Airports Division, AR/OK
Airports District Office, 2601 Meacham Boulevard, Fort Worth, Texas,
76137.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Jeff Hough, Deputy Airports Director, Tulsa
International Airport, P.O. Box 581838, Tulsa, Oklahoma, 74158.

FOR FURTHER INFORMATION CONTACT: Mr. Roman Pi[ntilde]on, Project
Manager, Federal Aviation Administration, Southwest Region, Airports
Division, AR/OK Airports District Office, 2601 Meacham Boulevard, Fort
Worth, Texas 76137.
    The request to release property may be viewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Tulsa International Airport under
the provision of the FAA Modernization and Reform Act of 2012.
    On June 18, 2010, the FAA determined that the request to release
property at Tulsa International Airport submitted by the Tulsa Airport
Authority, Tulsa, Oklahoma, met the procedural requirements of the
Federal Aviation Regulations, Part 155. The FAA may approve the
request, in whole or in part, no later than April 30, 2012.
    The following is a brief overview of the request:
    The Tulsa International Airport requests the release of 68,167
square feet of non-aeronautical property to the Tulsa Airport
Authority. The current property is currently vacant and has no ability
to have any aviation use associated with the land. The parcel does not
have access to the airfield and is in no conflict with the Master Plan
in this area. The purpose of this release is to allow the Tulsa Airport
Authority to sell the subject land that no longer serves any
aeronautical purpose to the airport to Danny's Auto Salvage for use as
an automobile salvage yard.
    Any person may inspect the request by appointment at the FAA office
listed above under FOR FURTHER IMFORMATION CONTACT.
    In addition, any person may, inspect the application, notice and
other documents germane to the application in person at the Tulsa
International Airport, 8602 South Elwood, Tulsa, Oklahoma, 74132.

    Issued in Fort Worth, Texas, on March 9, 2012.
Joseph G. Washington,
Acting Manager, Airports Division Office.
[FR Doc. 2012-6833 Filed 3-21-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Notices]
[Pages 32748-32749]
[FR Doc No: 2016-12199]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER16-778-002.
    Applicants: MATL LLP.
    Description: Compliance filing: Attachment K Compliance filing to
be effective 3/27/2016.
    Filed Date: 5/18/16.
    Accession Number: 20160518-5104.
    Comments Due: 5 p.m. ET 6/8/16.

    Docket Numbers: ER16-966-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: NYISO compliance filing of PPTPP
cleanup to be effective 2/19/2016.
    Filed Date: 5/18/16.
    Accession Number: 20160518-5126.
    Comments Due: 5 p.m. ET 6/8/16.

    Docket Numbers: ER16-1256-001.
    Applicants: Panda Liberty LLC.
    Description: Tariff Amendment: Supp. to Reactive Supply and Voltage
Control from Generation or Other Sources to be effective 6/1/2016.
    Filed Date: 5/18/16.
    Accession Number: 20160518-5111.
    Comments Due: 5 p.m. ET 6/8/16.

    Docket Numbers: ER16-1728-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee
    Description: Section 205(d) Rate Filing: Changes to Allocation of
GIS Costs for Extension of API to be effective 7/1/2016.
    Filed Date: 5/18/16.

    Accession Number: 20160518-5078.
    Comments Due: 5 p.m. ET 6/8/16.

    Docket Numbers: ER16-1729-000.
    Applicants: MATL LLP.
    Description: Section 205(d) Rate Filing: Tariff Clean up filing to
be effective 7/18/2016.
    Filed Date: 5/18/16.
    Accession Number: 20160518-5106.
    Comments Due: 5 p.m. ET 6/8/16.

    Docket Numbers: ER16-1730-000.
    Applicants: Public Service Company of Colorado.
    Description: Section 205(d) Rate Filing: 2016-5-
18_PSCoCherokeeDeprecRatesFiling-ID2000 to be effective 7/29/2015.
    Filed Date: 5/18/16.
    Accession Number: 20160518-5110.
    Comments Due: 5 p.m. ET 6/8/16.

    Docket Numbers: ER16-1731-000.
    Applicants: Public Service Company of Colorado.
    Description: Section 205(d) Rate Filing: Att O-PSCo Cherokee 567
Deprec Rates to be effective 4/16/2016.
    Filed Date: 5/18/16.
    Accession Number: 20160518-5113.
    Comments Due: 5 p.m. ET 6/8/16.

    Docket Numbers: ER16-1732-000.
    Applicants: Aurora Generation, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization Under Section 205 of the FPA to be effective 5/19/
2016.
    Filed Date: 5/18/16.
    Accession Number: 20160518-5118.
    Comments Due: 5 p.m. ET 6/8/16.

    Docket Numbers: ER16-1733-000.
    Applicants: Public Service Company of Colorado.
    Description: Section 205(d) Rate Filing: 20160518_Cherokee
Depreciation to be effective 7/29/2015.
    Filed Date: 5/18/16.
    Accession Number: 20160518-5120.
    Comments Due: 5 p.m. ET 6/8/16.

    Docket Numbers: ER16-1734-000.
    Applicants: Public Service Company of Colorado.
    Description: Section 205(d) Rate Filing: 20160518_Cherokee
Depreciation Rates Filing to be effective 4/16/2016.
    Filed Date: 5/18/16.
    Accession Number: 20160518-5121.
    Comments Due: 5 p.m. ET 6/8/16.

    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: May 18, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-12199 Filed 5-23-16; 8:45 am]
 BILLING CODE 6717-01-P