[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Rules and Regulations]
[Page 57578-57581]
[DOCID:fr09no09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1215; Directorate Identifier 2008-NM-072-AD;
Amendment 39-16077; AD 2009-23-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A318-111, -112, A319,
A320, and A321 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing

airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Two incidents have occurred due to the lack of visibility on the
Primary Flight Display (PFD) of the Traffic Alert and Collision
Avoidance System (TCAS) indications.
* * * * *
We are issuing this AD to prevent possible mid-air collisions due to
lack of visibility of TCAS indications on the PFD. We are issuing this
AD to require actions to correct the unsafe condition on these
products.

DATES: This AD becomes effective December 14, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 14,
2009.

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

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on November 17, 2008
(73 FR 67813). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    Two incidents have occurred due to the lack of visibility on the
Primary Flight Display (PFD) of the Traffic Alert and Collision
Avoidance System (TCAS) indications.
    EIS2 [electronic instrument system 2] standard S7 introduces
modifications to the vertical speed indication to improve the
legibility in case of TCAS Resolution Advisory.
    The modifications consist in changing the colour of the needle
and increasing the width of the TCAS green band.
    This AD supersedes [EASA] AD 2006-0108 [dated May 3, 2006].
Also, as all aircraft in this AD applicability have been retrofitted
to at least S4.2 standard, the operational limitations contained in
the Compliance paragraph 2. of AD 2006-0108 have already been
addressed.
    This AD therefore mandates the installation of the improved EIS2
standard S7.

    We are issuing this AD to prevent possible mid-air collisions due
to lack of visibility of TCAS indications on the PFD. You may obtain
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Support for the AD

    The Air Line Pilots Association, International (ALPA), fully
supports the intent of the AD.

Request To Revise Applicability

    Airbus requests that we remove the reference to Airbus Service
Bulletin A320-31-1234 from paragraph (c), ``Applicability,'' of the
NPRM. Airbus explains that only airplanes that are equipped with EIS2
standard 4.2 installed by Modification 34571 or Airbus Service Bulletin
A320-31A1220 have the unsafe condition identified in the NPRM;
airplanes equipped with EIS2 standard 4 installed in accordance with
Airbus Service Bulletin A320-31-1234 are not affected by the unsafe
condition. Airbus also explains that there are some ``anti''
modifications existing to retrieve EIS1 configuration which do not have
this unsafe condition identified in the NPRM and should be excluded
from the applicability.
    We agree with the request to revise the applicability of the AD. We
have revised paragraph (c) of this AD to remove the reference to Airbus
Service Bulletin A320-31-1234. We have also revised paragraph (c) of
this AD to specify that airplanes on which Airbus Modification 35270
has been incorporated are excluded from the requirements of this AD.

Request To Use Alternative Stowage Method

    Frontier Airlines requests that we revise the NPRM to specify that
operators may stow software media in locations other than those
described in the service bulletin. Frontier points out that it does not
store loadable software media in the cockpit in the way implied by
Airbus Mandatory Service Bulletin A320-31-1276, Revision 01, dated
March 5, 2008. (We referred to Airbus Mandatory Service Bulletin A320-
31-1276, Revision 01, dated March 5, 2008, in the NPRM as the
appropriate source of service information for accomplishing the
required actions.)
    We agree with the request to revise the AD to allow different
stowage locations for software media. We have changed paragraph (f)(1)
of the AD to indicate that operators may stow software media in
locations other than those described in the service bulletin. We have
coordinated this issue with the European Aviation Safety Agency (EASA).

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 113 products of U.S. registry.
We also estimate that it will take about 4 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will cost about $0 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $36,160, or $320 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII:

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2009-23-05 Airbus: Amendment 39-16077. Docket No. FAA-2008-1215;
Directorate Identifier 2008-NM-072-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111, A318-112, A319-
111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132,
A319-133, A320-111, A320-211, A320-212, A320-214, A320-231, A320-
232, A320-233, A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, and A321-232 series airplanes, certificated in
any category; equipped with EIS2 (electronic instrument system 2)
standard S4.2 (DMC disk part number F1419418) installed by Airbus
Modification 34571, or Airbus Service Bulletin A320-31A1220; except
those airplanes on which Airbus Modification 35270 or Airbus
Modification 36725 has been embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 31:
Instruments.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Two incidents have occurred due to the lack of visibility on the
Primary Flight Display (PFD) of the Traffic Alert and Collision
Avoidance System (TCAS) indications.
    EIS2 standard S7 introduces modifications to the vertical speed
indication to improve the legibility in case of TCAS Resolution
Advisory.
    The modifications consist in changing the colour of the needle
and increasing the width of the TCAS green band.
    This AD supersedes AD 2006-0108 [dated May 3, 2006]. Also, as
all aircraft in this AD applicability have been retrofitted to at
least S4.2 standard, the operational limitations contained in the
Compliance paragraph 2. of AD 2006-0108 have already been addressed.
    This AD therefore mandates the installation of the improved EIS2
standard S7.

    We are issuing this AD to prevent possible mid-air collisions
due to lack of visibility of TCAS indications on the PFD.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 12 months after the effective date of this AD,
install EIS2 standard S7 (DMC disk part number F1461768), in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A320-31-1276, Revision 01, dated March 5, 2008.
Operators may stow software media in locations other than those
described in the service bulletin.
    (2) Installations done before the effective date of this AD in
accordance with Airbus Service Bulletin A320-31-1263, Revision 01,
dated July 20, 2007; Airbus Service Bulletin A320-31-1263, Revision
02, dated August 10, 2007; Airbus Service Bulletin A320-31-1263,
Revision 03, dated November 23, 2007; or Airbus Service Bulletin
A320-31-1276, dated April 18, 2007; are acceptable for compliance
with the requirements of paragraph (f)(1) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: This AD does not include the operational
limitations specified in paragraph 1 of the MCAI. The MCAI carried
these limitations forward from European Aviation Safety Agency
(EASA) Airworthiness Directive 2006-0108, dated May 3, 2006. The
FAA-approved Master Minimum Equipment List (MMEL) already contains
these and more restrictive operational limitations, and we
previously determined that no action was required on our part
regarding this provision of EASA AD 2006-0108.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Tim
Dulin, Aerospace Engineer, ANM-116, International Branch, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2008-0032, dated
February 21, 2008; and Airbus Mandatory Service Bulletin A320-31-
1276, Revision 01, dated March 5, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A320-31-1276,
Revision 01, dated March 5, 2008, to do the actions required by this
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; e-mail<EMAIL_ADDRESS>Internet
http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26586 Filed 11-6-09; 8:45 am]

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[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Page 82005]
[FR Doc No: 2011-33513]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Regulation AC; OMB Control No. 3235-0575; SEC File No. 270-517.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in the following rule:
Regulation Analyst Certification (AC) (17 CFR 242.500-505), under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission
plans to submit this existing collection of information to the Office
of Management and Budget (``OMB'') for extension and approval.
    Regulation AC requires that research reports published, circulated,
or provided by a broker or dealer or covered person contain a statement
attesting that the views expressed in each research report accurately
reflect the analyst's personal views and whether or not the research
analyst received or will receive any compensation in connection with
the views or recommendations expressed in the research report.
Regulation AC also requires broker-dealers to, on a quarterly basis,
make, keep, and maintain records of research analyst statements
regarding whether the views expressed in public appearances accurately
reflected the analyst's personal views, and whether any part of the
analyst's compensation is related to the specific recommendations or
views expressed in the public appearance. Regulation AC also requires
that research prepared by foreign persons be presented to U.S. persons
pursuant to Securities Exchange Act Rule 15a-6 and that broker-dealers
notify associated persons if they would be covered by the regulation.
Regulation AC excludes the news media from its coverage.
    The Commission estimates that Regulation AC imposes an aggregate
annual time burden of approximately 26,230 hours on 5,186 respondents,
or approximately 5 hours per respondent. The Commission estimates that
the total annual internal cost of the 26,230 hours is approximately
$10,615,404.00, or approximately $2,047.00 per respondent, annually.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or
send an email to<EMAIL_ADDRESS>
    Dated: December 23, 2011.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-33513 Filed 12-28-11; 8:45 am]
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[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Page 26219]
[FR Doc No: 2016-10099]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL16-58-000; QF15-793-001; QF15-794-001; QF15-795-001]

SunE B9 Holdings, LLC; Notice of Petition for Declaratory Order

    Take notice that on April 25, 2016, pursuant to Rule 207 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure,\1\ SunE B9 Holdings, LLC (SunE), filed a petition for a
declaratory order requesting that the Commission provide a limited
waiver of the filing requirements applicable to small power production
facilities set forth in Section 292.203(a)(3) of the Commission's
regulations (QF Filing Requirements).\2\ SunE request waiver of QF
filing requirements for the time[hyphen]period beginning when various
qualifying small power production facilities (QFs) owned by SunE, were
placed into operation during December 2010 and ending on May 27, 2015,
when SunE filed QF self[hyphen]certifications with respect to such
facilities, all as more fully explained in the petition.
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    \1\ 18 CFR 385.207.
    \2\ 18 CFR 292.203(a)(3).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. eastern time on May 25, 2016.

    Dated: April 25, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-10099 Filed 4-29-16; 8:45 am]
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[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58854-58855]
[FR Doc No: 2014-23157]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-85]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before October 20, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0704 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC, 20951.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC on September 24, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0704
    Petitioner: BNSF Railway Company
    Section of 14 CFR: 61.113(a) and (b), 91.7(a), 91.9(b)(2),
91.109(a), 91.119, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1),
and 91.409(a).
    Description of Relief Sought: The petitioner, a Class I freight
railroad, is seeking an exemption to commercially operate the AirRobot
AR180, AR200, and 3DRobotics Spektre Industrial Multi-Rotor Aerial
Vehicle small unmanned aerial systems (sUAS) for operations over BNSF
owned or controlled land, solely during daylight hours, to assist in
the evaluation and analysis of railroad infrastructure and operations.

[FR Doc. 2014-23157 Filed 9-29-14; 8:45 am]
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