[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55845-55848]
[FR Doc No: 2014-22117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73082; File No. SR-NYSEArca-2014-71]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change To List and Trade Shares of the Treesdale Rising
Rates ETF Under NYSE Arca Equities Rule 8.600

September 11, 2014.
    On July 14, 2014, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (the
``Commission''), pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ a
proposed rule change to list and trade shares (``Shares'') of the
Treesdale Rising Rates ETF (``Fund''). The proposed rule change was
published for comment in the Federal Register on August 1, 2014.\4\ No
comments have been received regarding 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\ See Securities Exchange Act Release No. 72679 (July 28,
2014), 79 FR 44878 (``Notice'').
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I. Description of the Proposed Rule Change

    The Exchange proposes to list and trade the Shares under NYSE Arca
Equities Rule 8.600, which governs the listing and trading of Managed
Fund Shares.\5\ The Shares will be offered by AdvisorShares Trust
(``Trust''), a statutory trust organized under the laws of the State of
Delaware and registered with the Securities and Exchange Commission
(the ``Commission'') as an open-end management investment company.\6\
The investment adviser to the Fund is AdvisorShares Investments, LLC
(the ``Adviser''). The sub-adviser to the Fund is Treesdale Partners,
LLC (``Sub-Adviser''), which will provide day-to-day portfolio
management of the Fund. Foreside Fund Services, LLC is the principal
underwriter and distributor of the Fund's Shares. The Bank of New York
Mellon serves as the administrator, custodian, transfer agent and fund
accounting agent for the Fund.
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    \5\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index or
combination thereof.
    \6\ The Trust is registered under the 1940 Act. On September 4,
2013, the Trust filed with the Commission an amendment to its
registration statement on Form N-1A under the Securities Act of 1933
(15 U.S.C. 77a) and under the 1940 Act relating to the Fund (File
Nos. 333-157876 and 811-22110) (``Registration Statement''). The
Commission has issued an order granting certain exemptive relief to
the Trust under the 1940 Act. See Investment Company Act Release No.
29291 (May 28, 2010) (File No. 812-13677).
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    The Exchange represents that neither the Adviser nor the Sub-
Adviser is a broker-dealer or is affiliated with a broker-dealer, and
that in the event (a) the Adviser or Sub-Adviser becomes, or becomes
newly affiliated with, a broker-dealer, or (b) any new adviser or sub-
adviser is, or becomes affiliated with, a broker-dealer, it will
implement a fire wall with respect to its relevant personnel or broker-
dealer affiliate, as applicable, regarding access to information
concerning the composition and/or changes to the portfolio, and will be
subject to procedures designed to prevent the use and dissemination of
material non-public information regarding such portfolio.\7\
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    \7\ See Notice, supra note 4, 79 FR at 44879.
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    The Exchange has made the following representations and statements
regarding the Fund.\8\ The Fund will seek to generate current income
while providing protection for investors against loss of principal in a
rising interest rate environment. The Fund will seek to achieve its
investment objectives by investing, under normal circumstances,\9\ at
least 80% of its net assets in positions in agency interest-only
collateralized mortgage obligations (``CMOs''),\10\ interest-only swaps
(``IOS'') that reference interest only cash flows from agency mortgage-
backed securities (``MBS'') pools with certain coupons and specified
origination periods (``Agency MBS IOS''), interest rate swaps,\11\ U.S.
Treasury obligations, including U.S. Treasury zero-coupon bonds, and
U.S. Treasury futures.\12\ Under normal circumstances, the Sub-Adviser
will seek to generate enhanced returns in an environment of rising
interest rates by investing in agency interest-only CMOs and Agency MBS
IOS to maintain a negative portfolio duration with a generally positive

current yield. Under normal circumstances, the Fund will utilize the
U.S. Treasury obligations, U.S. Treasury futures and interest rate
swaps, which are liquid interest rate products, to manage duration
risks. Aside from Treasury futures, which will be exchange traded,\13\
all the Fund's principal investments will be U.S. dollar-denominated
and traded over the counter (``OTC''). The overall duration of the
Fund's portfolio will generally range from -5 to -15 years.\14\
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    \8\ Additional information regarding the Trust, the Fund, and
the Shares, investment strategies, investment restrictions, risks,
net asset value (``NAV'') calculation, creation and redemption
procedures, fees, portfolio holdings, disclosure policies,
distributions, and taxes, among other information, is included in
the Notice and the Registration Statement, as applicable. See Notice
and Registration Statement, supra notes 4 and 6, respectively.
    \9\ The term ``under normal circumstances'' includes, but is not
limited to, the absence of adverse market, economic, political or
other conditions, including extreme volatility or trading halts in
the equity markets or the financial markets generally; operational
issues causing dissemination of inaccurate market information; or
force majeure type events such as systems failure, natural or man-
made disaster, act of God, armed conflict, act of terrorism, riot or
labor disruption or any similar intervening circumstance. In the
absence of normal circumstances the Fund may invest 100% of its
total assets, without limitation, in debt securities and money
market instruments, either directly or through exchange traded funds
(``ETFs''). Debt securities and money market instruments include
shares of other mutual funds, commercial paper, U.S. government
securities, repurchase agreements and bonds that are rated BBB or
higher. The Fund may be invested in this manner for extended
periods, depending on the Sub-Adviser's assessment of market
conditions. While the Fund is in a defensive position, the
opportunity to achieve its investment objectives will be limited.
Furthermore, to the extent that the Fund invests in money market
mutual funds the Fund would bear its pro rata portion of each such
money market fund's advisory fees and operational expenses.
    \10\ The agency interest-only CMOs that the Fund may invest in
include agency stripped mortgage-backed securities (``SMBS''), which
are derivative multi-class mortgage securities.
    \11\ The Fund's obligations under a swap agreement will be
accrued daily (offset against any amounts owing to the Fund) and any
accrued but unpaid net amounts owed to a swap counterparty will be
covered by segregating assets determined to be liquid. The Fund will
not enter into any swap agreement unless the Adviser believes that
the other party to the transaction is creditworthy. The Fund will
seek, where possible, to use counterparties, as applicable, whose
financial status is such that the risk of default is reduced. The
Adviser's Execution Committee will evaluate the creditworthiness of
counterparties on an ongoing basis. In addition to information
provided by credit agencies, the Adviser's analysts will evaluate
each approved counterparty using various methods of analysis,
including the counterparty's liquidity in the event of default, the
broker-dealer's reputation, the Adviser's past experience with the
broker-dealer, the Financial Industry Regulatory Authority's
(``FINRA'') BrokerCheck and disciplinary history and its share of
market participation.
    \12\ The Fund will only use futures contracts that have U.S.
Treasury securities and interest rate swaps as their underlying
reference assets.
    \13\ The futures in which the Fund may invest will trade on
markets that are members of the Intermarket Surveillance Group
(``ISG'') or that have entered into a comprehensive surveillance
agreement with the Exchange.
    \14\ Duration is a measure used to determine the sensitivity of
a security's price to changes in interest rates. The longer a
security's duration, the more sensitive it will be to changes in
interest rates. A portfolio with negative duration generally incurs
a loss when interest rates and yields fall.
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Other Investments

    Under normal circumstances, the Fund may invest the balance of its
assets in the investments described below.
    The Fund may invest in other mortgage-related securities in
addition to the agency interest-only CMOs described above. More
specifically, the Fund may hold: MBS; mortgage dollar rolls; \15\ CMO
residuals; \16\ and equity or debt securities issued by agencies or
instrumentalities of the U.S. government or by private originators of,
or investors in, mortgage loans, including savings and loan
associations homebuilders, mortgage banks, commercial banks, investment
banks, partnerships, trusts, and special purpose entities of the
foregoing.
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    \15\ Dollar rolls are a type of repurchase transaction in the
mortgage pass-through securities market in which the buy side trade
counterparty of a ``to be announced'' (``TBA'') trade agrees to sell
off the same TBA trade in the current month and to buy back the same
trade in a future month at a lower price, constituting a forward
contract.
    \16\ CMO residuals are mortgage securities issued by agencies or
instrumentalities of the U.S. government or by private originators
of, or investors in, mortgage loans. The cash flow generated by the
mortgage assets underlying a series of CMOs is applied first to make
required payments of principal and interest on the CMOs and second
to pay the related administrative expenses and any management fee of
the issuer. The residual in a CMO structure generally represents the
interest in any excess cash flow remaining after making the
foregoing payments.
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    In addition to the agency interest-only CMOs described above, the
MBS that the Fund will invest in are other agency CMOs, non-agency CMOs
(including non-agency SMBS) and Adjustable Rate Mortgage Backed
Securities. The Fund also may invest in asset-backed securities
(``ABSs''), which are bonds backed by pools of loans or other
receivables.\17\ The Fund will limit investments in ABS and MBS that
are issued or guaranteed by non-government entities to 15% of the
Fund's net assets.\18\
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    \17\ ABSs are created from many types of assets, including auto
loans, credit card receivables, home equity loans, and student
loans. Collateralized bond obligations (``CBOs''), collateralized
loan obligations (``CLOs''), and other collateralized debt
obligations (``CDOs'') are types of ABS. Normally, CBOs, CLOs and
other CDOs are privately offered and sold, and thus, are not
registered under the securities laws.
    \18\ See Notice, supra note 4, 79 FR at 44881.
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    Other mortgage-related securities that the Fund may hold include
privately issued mortgage-related securities, where issuers create
pass-through pools of conventional residential mortgage loans.
    The Fund may enter into other types of swap agreements (in addition
to interest-only swaps and interest rate swaps, which are primary
investments). These swap agreements will have MBS as reference assets,
including CMOs.
    The Fund may invest directly and indirectly in foreign currencies.
The Fund may conduct foreign currency transactions on a spot (i.e.,
cash) or forward basis (i.e., by entering into forward contracts to
purchase or sell foreign currencies).
    The Fund may invest in equity securities. Specifically, the
Exchange states that the Fund may invest in common stock, preferred
stock, warrants, convertible securities, master limited partnerships,
rights, and shares of exchange traded real estate investment trusts.
The Fund may invest in: American Depositary Receipts (``ADRs''); Global
Depositary Receipts (``GDRs''); European Depositary Receipts
(``EDRs''); International Depository Receipts (``IDRs''); ``ordinary
shares;'' ``New York shares'' issued and traded in the U.S.; \19\ and
exchange traded products (``ETPs''), including exchange-traded notes
(``ETNs'').\20\ The Fund may invest in the securities of other
investment companies, including mutual funds, ETFs, closed-end funds,
and business development companies.
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    \19\ With the exception of ADRs traded OTC, which will comprise
no more than 10% of the Fund's net assets, all equity securities,
including, without limitation, exchange-traded ADRs, GDRs, EDRs,
IDRs, New York shares and ordinary shares, that the Fund may invest
in will trade on markets that are members of the ISG or that have
entered into a comprehensive surveillance agreement with the
Exchange. See id. at 44882, n.23.
    \20\ It is expected that the ETN issuer's credit rating will be
investment grade at the time of investment. See id. at 44882.
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    In addition to the U.S. Treasury debt securities described above,
the Fund intends to invest in other fixed income securities. The fixed
income securities the Fund may invest in are: Variable and floating
rate instruments; bank obligations, including certificates of deposit,
bankers' acceptances, and fixed time deposits; commercial paper; \21\
U.S. government securities other than U.S. Treasuries; municipal
securities; repurchase agreements; reverse repurchase agreements;
corporate debt securities; convertible securities; and MBS (as
mentioned above). The Fund may invest assets in obligations of foreign
banks which meet certain conditions.
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    \21\ The Fund will only invest in commercial paper rated A-1 or
A-2 by S&P or Prime-1 or Prime-2 by Moody's. See id.
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    The Fund may enter into repurchase agreements with financial
institutions, which may be deemed to be loans.\22\
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    \22\ The Fund will effect repurchase transactions only with
large, well-capitalized and well-established financial institutions
whose condition will be continually monitored by the Sub-Adviser.
See id.
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    The Fund intends to invest in derivatives (other than the U.S.
Treasury Futures, Agency MBS IOS and interest rate swaps discussed
above). The derivatives in which the Fund may invest are: Other futures
contracts; \23\ forward contracts; \24\ options, including options on
futures; \25\ other swaps; hybrid instruments; \26\ and structured
notes.
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    \23\ The Fund will only enter into futures contracts that are
traded on a national futures exchange regulated by the Commodities
Futures Trading Commission (``CFTC'') and whose principal market is
a member of ISG or is a market with which the Exchange has a
comprehensive surveillance sharing agreement. The Fund will only use
futures contracts that have U.S. Treasury securities and interest
rate swaps as their underlying reference assets.
    \24\ Specifically, in addition to the forward currency exchange
contracts discussed above, the Fund may invest in mortgage dollar
rolls, which constitute forward contracts.
    \25\ Not more than 10% of the net assets of the Fund in the
aggregate shall consist of options whose principal market is not a
member of ISG or is a market with which the Exchange does not have a
comprehensive surveillance sharing agreement. See id. The Fund may
trade put and call options on securities, securities indices and
currencies.
    \26\ The Fund will only invest in commodity-linked hybrid
instruments that qualify, under applicable rules of the CFTC, for an
exemption from the provisions of the CEA. See id. at 44883.
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    The Fund may purchase securities on a when-issued, delayed-delivery
or forward commitment basis (i.e., delivery and payment can take place
between a month and 120 days after the date of the transaction).\27\
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    \27\ The Fund will not purchase securities on a when-issued,
delayed-delivery or forward commitment basis if, as a result, more
than 15% of the Fund's net assets would be so invested. See id.
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    All of the Fund's investments will be consistent with the Fund's
investment objective and will not be used to enhance leverage.

II. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act \28\
and the rules and regulations thereunder applicable to a national
securities exchange.\29\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\30\
which requires, among other things, that the Exchange's rules be
designed to prevent fraudulent and manipulative acts and practices, 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. The Commission notes that the Fund and the Shares must comply
with the requirements of NYSE Arca Equities Rule 8.600 for the Shares
to be listed and traded on the Exchange.
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    \28\ 15 U.S.C. 78f.
    \29\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \30\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\31\ which sets forth Congress's finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. According to the
Exchange, quotation and last sale information for the Shares and the
underlying U.S. exchange-traded equity securities will be available via
the Consolidated Tape Association (``CTA'') high-speed line, and from
the national securities exchange on which they are listed.\32\
Quotation and last-sale information for such U.S. exchange-listed
securities will be available from the exchange on which they are
listed.\33\ Quotation and last-sale information for exchange-listed
options will be available via the Options Price Reporting
Authority.\34\ Price information regarding the futures contracts,
exchange-traded options, options on futures, equity securities
(including ETPs such as exchange-listed ADRs, GDRs, EDRs, IDRs,
ordinary shares and New York shares as well as ETNs, and ETFs), and
exchange-traded REITs, held by the Fund will be available from the U.S.
and non-U.S. exchanges trading such assets.\35\ Additionally, quotation
information from brokers and dealers or pricing services will be
available for ADRs traded OTC; investment company securities other than
ETFs; non-exchange-traded derivatives, including forward contracts, IOS
and other swaps, options traded OTC, options on futures, hybrid
instruments and structured notes; fixed income securities, including
CMOs (including agency interest-only CMOs), CMO residuals, mortgage
dollar rolls, U.S. Treasury securities, other obligations issued or
guaranteed by U.S. government agencies and instrumentalities, bonds,
bank obligations, ABS, MBS, shares of other mutual funds, commercial
paper, repurchase agreements, reverse repurchase agreements, corporate
debt securities, municipal securities, convertible securities,
certificates of deposit and bankers' acceptances.\36\ Pricing
information regarding each asset class in which the Fund will invest
generally is available through nationally recognized data service
providers through subscription agreements.\37\
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    \31\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \32\ See Notice, supra note 4, 79 FR at 44886.
    \33\ See id.
    \34\ See id.
    \35\ See id.
    \36\ See id.
    \37\ See id.
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    In addition, the Portfolio Indicative Value, as defined in NYSE
Arca Equities Rule 8.600(c)(3), will be widely disseminated at least
every 15 seconds during the Core Trading Session by one or more major
market data vendors.\38\ On each business day, before commencement of
trading in Shares in the Core Trading Session on the Exchange, the Fund
will disclose on its Web site the Disclosed Portfolio, as defined in
NYSE Arca Equities Rule 8.600(c)(2), that would form the basis for the
Fund's calculation of NAV at the end of the business day.\39\ The NAV
of the Fund will be determined once daily Monday through Friday,
generally as of the regularly scheduled close of business of the New
York Stock Exchange (normally 4:00 p.m. Eastern Time) on each day the
New York Stock Exchange is open for trading. Information regarding
market price and trading volume of the Shares would be continually
available on a real-time basis throughout the day on brokers' computer
screens and other electronic services. Information regarding the
previous day's closing price and trading volume information for the
Shares would be published daily in the financial section of newspapers.
The Web site for the Fund will include a form of the prospectus and
additional data relating to NAV and other applicable quantitative
information.
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    \38\ The Exchange states that several major market data vendors
display or make widely available Portfolio Indicative Values taken
from the CTA or other data feeds. See id. at 44886, n.34.
    \39\ On a daily basis, the Adviser, on behalf of the Fund, will
disclose on the Fund's Web site the following information regarding
each portfolio holding of the Fund, as applicable to the type of
holding: Ticker symbol, CUSIP number or other identifier, if any; a
description of the holding (including the type of holding, such as
the type of swap); the identity of the security, commodity, index,
or other asset or instrument underlying the holding, if any; for
options, the option strike price; quantity held (as measured by, for
example, par value, notional value or number of shares, contracts or
units); maturity date, if any; coupon rate, if any; effective date,
if any; market value of the holding; and the percentage weighting of
the holding in the Fund's portfolio. See id. at 44888.
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    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV per Share of
the Fund will be calculated daily and that the NAV and the Disclosed
Portfolio will be made available to all market participants at the same
time.\40\ In addition, trading in the Shares would be subject to NYSE
Arca Equities Rule 8.600(d)(2)(D), which sets forth circumstances under
which trading in the Shares may be halted. The Exchange may halt
trading in the Shares if trading is not occurring in the securities or
financial instruments constituting the Disclosed Portfolio of the Fund,
or if other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.\41\ Further, the
Commission notes that the Reporting Authority that provides the
Disclosed Portfolio of the Fund must implement and maintain, or be
subject to, procedures designed to prevent the use and dissemination of
material, non-public information regarding the actual components of the
portfolio.\42\ In addition, the Exchange may obtain

information regarding trading in the Shares, exchange-listed equity
securities, futures contracts and exchange-listed options contracts
from markets and other entities that are members of ISG or with which
the Exchange has in place a comprehensive surveillance sharing
agreement. The Commission also notes that FINRA, on behalf of the
Exchange, is able to access, as needed, trade information for certain
fixed income securities held by the Fund reported to FINRA's Trade
Reporting and Compliance Engine.\43\ The Exchange states that it has a
general policy prohibiting the distribution of material, non-public
information by its employees.\44\ The Exchange represents that neither
the Adviser or the Sub-Adviser is a broker-dealer and are not
affiliated with a broker-dealer, and that in the event (a) the Adviser
or Sub-Adviser becomes, or becomes newly affiliated with, a broker-
dealer, or (b) any new adviser or sub-adviser is, or becomes affiliated
with, a broker-dealer, it will implement a fire wall with respect to
its relevant personnel or broker-dealer affiliate, as applicable,
regarding access to information concerning the composition and/or
changes to the portfolio, and will be subject to procedures designed to
prevent the use and dissemination of material non-public information
regarding such portfolio.\45\
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    \40\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \41\ See NYSE Arca Equities Rule 8.600(d)(2)(C) (providing
additional considerations for the suspension of trading in or
removal from listing of Managed Fund Shares on the Exchange). With
respect to trading halts, the Exchange may consider all relevant
factors in exercising its discretion to halt or suspend trading in
the Shares. Trading in Shares will be halted if the circuit breaker
parameters in NYSE Arca Equities Rule 7.12 have been reached.
Trading also may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the
Shares inadvisable.
    \42\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
    \43\ See Notice, supra note 4, 79 FR at 44887.
    \44\ See id.
    \45\ See text accompanying note 7, supra. An investment adviser
to an open-end fund is required to be registered under the
Investment Advisers Act of 1940 (``Advisers Act''). As a result, the
Adviser and its related personnel are subject to the provisions of
Rule 204A-1 under the Advisers Act relating to codes of ethics. This
Rule requires investment advisers to adopt a code of ethics that
reflects the fiduciary nature of the relationship to clients as well
as compliance with other applicable securities laws. Accordingly,
procedures designed to prevent the communication and misuse of non-
public information by an investment adviser must be consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violation, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
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    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
    In support of this proposal, the Exchange has made the following
representations:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) Trading in the Shares will be subject to the existing
surveillance procedures administered by FINRA on behalf of the
Exchange, which are designed to detect violations of Exchange rules and
applicable federal securities laws, and these procedures are adequate
to properly monitor Exchange trading of the Shares in all trading
sessions and to deter and detect violations of Exchange rules and
federal securities laws applicable to trading on the Exchange.
    (4) Prior to the commencement of trading, the Exchange will inform
its Equity Trading Permit Holders in an Information Bulletin of the
special characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The procedures for purchases and redemptions of Shares in Creation
Units (and that Shares are not individually redeemable); (b) NYSE Arca
Equities Rule 9.2(a), which imposes a duty of due diligence on its
Equity Trading Permit Holders to learn the essential facts relating to
every customer prior to trading the Shares; (c) the risks involved in
trading the Shares during the Opening and Late Trading Sessions when an
updated Portfolio Indicative Value will not be calculated or publicly
disseminated; (d) how information regarding the Portfolio Indicative
Value is disseminated; (e) the requirement that Equity Trading Permit
Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (f) trading information.
    (5) For initial and continued listing, the Fund will be in
compliance with Rule 10A-3 under the Exchange Act,\46\ as provided by
NYSE Arca Equities Rule 5.3.
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    \46\ 17 CFR 240.10A-3.
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    (6) The Fund may hold up to an aggregate amount of 15% of its net
assets (calculated at the time of investment) in assets deemed illiquid
by the Adviser, consistent with Commission guidance.
    (7) A minimum of 100,000 Shares of the Fund will be outstanding at
the commencement of trading on the Exchange.
    (8) Not more than 10% of the net assets of the Fund in the
aggregate shall consist of options whose principal market is not a
member of ISG or is a market with which the Exchange does not have a
comprehensive surveillance sharing agreement.
    (9) The Fund will limit investments in ABS and MBS that are issued
or guaranteed by non-government entities to 15% of the Fund's net
assets.
    (10) ADRs traded OTC will comprise no more than 10% of the Fund's
net assets,
    (11) All equity securities except for ADRs traded OTC will trade on
markets that are members of the ISG or that have entered into a
comprehensive surveillance agreement with the Exchange.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \47\ and the
rules and regulations thereunder applicable to a national securities
exchange.
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    \47\ 15 U.S.C. 78f(b)(5).
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III. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\48\ that the proposed rule change (SR-NYSEArca-2014-71) be, and it
hereby is, approved.
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    \48\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\49\
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    \49\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-22117 Filed 9-16-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Rules and Regulations]
[Pages 34120-34125]
[FR Doc No: 2022-12030]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0877; Project Identifier AD-2020-01316-T;
Amendment 39-22049; AD 2022-10-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 747-100B SUD, 747-200B, 747-200C, 747-
200F, 747-300, 747SP, 747-400, 747-400D, and 747-400F series airplanes.
This AD was prompted by a determination that a certain fastener type
that penetrates the fuel tank walls has insufficient bond to the
structure, and energy from a lightning strike or high-powered short
circuit could cause arcing to occur at the ends of fasteners in the
fuel tanks. This AD requires, for certain airplanes, reconfiguring the
clamps of certain wire bundles, applying sealant to certain fasteners
that penetrate the fuel tank walls, installing cushion clamps and
polytetrafluoroethylene (TFE) sleeves, inspecting to determine if
sealant was applied to certain fasteners, and

applying sealant if necessary. This AD also requires, for all
airplanes, revising the maintenance or inspection program, as
applicable, to incorporate new, more restrictive airworthiness
limitations (AWLs). The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective July 11, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 11,
2022.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information 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 at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0877.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0877; 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 final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Rose Len, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300,
747SP, 747-400, 747-400D, and 747-400F series airplanes. The NPRM
published in the Federal Register on November 17, 2021 (86 FR 64085).
The NPRM was prompted by a determination that a certain fastener type
that penetrates the fuel tank walls has insufficient bond to the
structure, and energy from a lightning strike or high-powered short
circuit could cause arcing to occur at the ends of fasteners in the
fuel tanks. In the NPRM, the FAA proposed to require, for certain
airplanes, reconfiguring the clamps of certain wire bundles, applying
sealant to certain fasteners that penetrate the fuel tank walls,
installing cushion clamps and TFE sleeves, inspecting to determine if
sealant was applied to certain fasteners, and applying sealant if
necessary. In the NPRM, the FAA also proposed to require, for all
airplanes, revising the maintenance or inspection program, as
applicable, to incorporate new, more restrictive AWLs. The FAA is
issuing this AD to address arcing in the event of a lightning strike or
high-powered short circuit, which could result in a fuel tank explosion
or fire.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from two commenters, Air Line Pilots
Association, International (ALPA), and Boeing, who supported the NPRM
without change.
    The FAA also received comments from United Parcel Service (UPS),
who supported the general actions in the NPRM and provided comments on
the AWLs and the inspections specified in the NPRM. The FAA also
received comments from Delta Air Lines (Delta). The following presents
the comments received on the NPRM and the FAA's response to each
comment.

Request To Change the NPRM to a Supersedure

    Delta requested that the NPRM be changed to a supersedure of AD
2007-20-01, Amendment 39-15211 (72 FR 54533, September 26, 2007) (AD
2007-20-01). Delta stated that paragraph (f) of AD 2007-20-01 requires
accomplishing Boeing Special Attention Service Bulletin 747-57-2327,
Revision 1, dated July 10, 2006; and Boeing Special Attention Service
Bulletin 747-57-2326, dated January 4, 2007. Delta also stated that the
NPRM would require new actions in accordance with the latest revisions
of the same service information required in AD 2007-20-01. Delta
concluded that it would make compliance simpler by having all of the
work in one place and not split between multiple versions of the same
bulletins, provided credit is given for accomplishment of Work Packages
1 through 20 using previous revisions of Boeing Special Attention
Service Bulletin 747-57-2327, Revision 8, dated November 13, 2020.
    The FAA disagrees with the request. The FAA considered superseding
AD 2007-20-01 to mandate actions that are necessary to address Special
Federal Aviation Regulation No. 88 (SFAR 88) that were unintentionally
omitted from Boeing Special Attention Service Bulletin 747-57-2327,
Revision 1, dated July 10, 2006. However, the FAA reviewed Boeing
Special Attention Service Bulletin 747-57-2327, Revision 8, dated
November 13, 2020, and identified AD requirements for additional
airplane groups and work packages. The FAA determined that a stand-
alone AD would be appropriate because the actions required by AD 2007-
20-01 have already been accomplished and paragraph (g) of this AD only
applies to some of the airplanes identified in AD 2007-20-01. The
additional work in Boeing Special Attention Service Bulletin 747-57-
2327, Revision 8, dated November 13, 2020, is only required for certain
airplanes, as identified in paragraphs (g)(1) and (2) of this AD. In
addition, the actions specified in paragraph (g)(3) of this AD, using
Boeing Special Attention Service Bulletin 747-57-2326, Revision 1,
dated January 31, 2008, are only required for certain airplanes. The
FAA has not changed this AD in this regard.

Request To Revise Initial Compliance Time for an Airworthiness
Limitation

    UPS requested that the initial compliance time in paragraph (h)(1)
of the proposed AD be revised. UPS stated the compliance time should be
within 12 years after incorporation of Boeing Special Attention Service
Bulletin 747-57-2327, or within 24 months after the effective date of
this AD, whichever occurs later. UPS stated the initial compliance time
for AWL 28-AWL-33 is not stated in The Boeing Company 747-400
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
D621U400-9, Revision February 2020. UPS noted that paragraph (h)(1) of
the proposed AD states the initial compliance time is at the time in
the MPD document or within 60 days. UPS stated that due to the age of
the affected airplanes that many would have to comply within the 60-day
initial compliance time, which would put an undue burden on operators
because this task requires extensive access common to heavy
maintenance.
    The FAA agrees to revise the initial compliance time. It was not
the FAA's

intention to mandate the initial AWL No. 28-AWL-33 inspection tasks
within 60 days after the effective date of this AD for operators that
have not yet incorporated AWL No. 28-AWL-33 into the existing
maintenance or inspection program, as applicable. However, the FAA
disagrees with the compliance time proposed by UPS. The compliance time
for AWL No. 28-AWL-33 depends on whether AWL No. 28-AWL-33 has already
been incorporated into the operator's existing maintenance or
inspection program, and on whether Boeing Special Attention Service
Bulletin 747-57-2327 has been incorporated. AWL No. 28-AWL-33 applies
to airplanes on which Boeing Special Attention Service Bulletin 747-57-
2327 has been incorporated and airplanes having line number 645 and on.
The FAA has revised the initial compliance time in paragraph (h)(1) of
this AD by making this distinction of whether AWL No. 28-AWL-33 was
previously incorporated into the operator's maintenance or inspection
program and allowing for a 12 month initial compliance time if certain
conditions apply. The FAA also revised the text for the initial
compliance time in paragraph (h)(1) of this AD by replacing the
reference to ``the tasks'' with a reference to ``AWL No. 28-AWL-33'' as
it is the only task. The other AWL items referenced in paragraph (h)(1)
of this AD are Critical Design Configuration Control Limitations
(CDCCLs).
    In addition, the FAA has revised the initial compliance time for
AWL No. 28-AWL-25 in paragraph (h)(2) of this AD by making this
distinction of whether AWL No. 28-AWL-25 was previously incorporated
into the operator's maintenance or inspection program and allowing for
a 12 month initial compliance time if certain conditions apply. The
compliance time specified in the proposed AD for AWL No. 28-AWL-25 has
a similar issue to the one for AWL No. 28-AWL-33. The FAA did not
intend to mandate the initial AWL No. 28-AWL-25 inspection task within
60 days after the effective date of this AD for operators that have not
already incorporated the task into the operator's existing maintenance
or inspection program. The FAA also revised the text for the initial
compliance time in paragraph (h)(2) of this AD by replacing the
reference to ``the tasks'' with a reference to ``AWL No. 28-AWL-25'' as
it is the only task. The other AWL items referenced in paragraph (h)(2)
of this AD are CDCCLs.

Request To Remove Inspection for Sealant

    UPS requested that the FAA remove paragraph (g)(2) of the proposed
AD (which includes a requirement to inspect and seal the ends of
certain fasteners inside the fuel tanks). UPS stated that AD 2007-20-01
includes a requirement to seal the ends of certain fasteners inside the
fuel tanks in accordance with Boeing Special Attention Service Bulletin
747-57-2327, Revision 1, dated July 10, 2006. UPS stated that Step 5 of
Figure 23 of Boeing Special Attention Service Bulletin 747-57-2327,
Revision 1, dated July 10, 2006, specifies to apply the fillet sealant
on the fastener and refers to certain airplane maintenance manual (AMM)
procedures. UPS also noted that CDCCL 28-AWL-37, added by paragraph (h)
of the proposed AD, only checks for cracked or damaged sealant. UPS
concluded that paragraph (g)(2) does not provide any additional
improvement in the condition of the affected airplanes from that
required by AD 2007-20-01, and therefore should not be required.
    The FAA disagrees with the request. The purpose of paragraph (g)(2)
of this AD is to make sure that the fillet sealant on identified
fasteners fully encapsulates those fasteners. Boeing Special Attention
Service Bulletin 747-57-2327, Revision 1, dated July 10, 2006, does not
specify to make sure that the fasteners are fully encapsulated with
sealant. The AMM procedures are references only and therefore does not
mandate that fasteners are fully encapsulated. Since Boeing Special
Attention Service Bulletin 747-57-2327, Revision 8, dated November 13,
2020, also does not specify to fully encapsulate the fasteners, the
requirement in paragraph (g)(2) of this AD includes an exception that
states where note (f) of Figure 23 specifies to ``make sure to apply
the fillet sealant on the fastener,'' this AD requires applying the
fillet sealant to fully encapsulate the fastener penetrating the fuel
tank. The FAA has not changed this AD in this regard.

Request To Provide Credit for Previous Actions

    UPS requested that paragraph (j) of the proposed AD be revised to
give credit for previous actions accomplished using Boeing Special
Attention Service Bulletin 747-57-2326, Revision 1, dated January 31,
2008. UPS stated that it performed the requirement to seal the ends of
certain fasteners using Boeing Special Attention Service Bulletin 747-
57-2326, Revision 1, dated January 31, 2008, as an alternative method
of compliance to AD 2007-20-01 (which mandated Boeing Special Attention
Service Bulletin 747-57-2326, dated January 4, 2007). UPS stated it
does not believe they need to go back and verify that previously
accomplished actions were done as directed. UPS notes that paragraph
(f) of the proposed AD does state to comply with the AD unless already
done, but paragraph (j) of the proposed AD does not give credit for
previous actions accomplished using Boeing Special Attention Service
Bulletin 747-57-2326, Revision 1, dated January 31, 2008. UPS also
stated that if credit is not given, the FAA should provide an
explanation as to why operators need to go back and verify that
previous AD required actions were accomplished as directed.
    The FAA agrees that operators that sealed the fasteners using
Boeing Special Attention Service Bulletin 747-57-2326, Revision 1,
dated January 31, 2008, do not have to go back and verify that all
fasteners identified in Figures 4 and 5 of Boeing Special Attention
Service Bulletin 747-57-2326, Revision 1, dated January 31, 2008, were
sealed in accordance with Figure 1 of that same service bulletin. Only
airplanes on which the fasteners were sealed using Boeing Special
Attention Service Bulletin 747-57-2326, dated January 4, 2007, must be
inspected and the fasteners sealed if necessary. The FAA has revised
paragraph (g)(3) of this AD accordingly.
    The FAA also notes there is no need to provide credit in paragraph
(j) of the AD for actions taken using Boeing Special Attention Service
Bulletin 747-57-2326, Revision 1, dated January 31, 2008, because
paragraph (f) of the AD mandates compliance with this AD within the
compliance times specified, unless already done.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 747-57-
2327, Revision 8, dated November 13, 2020. This service information
describes procedures for reconfiguring the clamps

of certain wire bundles, applying sealant to certain fasteners that
penetrate the fuel tank walls, and installing cushion clamps and TFE
sleeves on the wire bundles of the front spars and rear spars of the
wings.
    The FAA also reviewed Boeing Special Attention Service Bulletin
747-57-2326, Revision 1, dated January 31, 2008. This service
information describes procedures for, among other actions, applying
sealant to certain fasteners.
    The FAA also reviewed The Boeing Company 747-400 Maintenance
Planning Data (MPD) Document, Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs), D621U400-9,
Revision February 2020, which includes revised AWL tasks 28-AWL-33, 28-
AWL-34, and 28-AWL-37; and The Boeing Company 747-100/200/300/SP/SR
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-13747-CMR, Revision September 2020, which
includes revised AWL tasks 28-AWL-25, 28-AWL-27, and 28-AWL-28. The
revised AWL tasks describe fuel airworthiness limitation items (ALIs)
and CDCCLs that address fuel tank systems. These documents are distinct
because they apply to different airplane models. The new AWLs include:
     An ALI (periodic inspections) of the cushion clamps and
teflon sleeving installed on out-of-tank wire bundles installed on
brackets that are mounted directly on the fuel tanks;
     A CDCCL for the cushion clamps and teflon sleeving
installed on out-of-tank wire bundles installed on brackets that are
mounted directly on the fuel tanks; and
     A CDCCL for lightning, fault current or hot short
protection features.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 104 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                  Parts cost                 Cost per  product           Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reconfiguring clamps, inspections,   Up to 30 work-hours x   Up to $2,004.................  Up to $4,554.................  Up to $473,616.
 applying sealant, and installing     $85 per hour = Up to
 clamps and TFE sleeves.              $2,550.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
    The FAA estimates the following costs to do any necessary
application of sealant that would be required based on the results of
the inspections. The agency has no way of determining the number of
aircraft that might need this action:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                            Action                                Labor cost       Parts cost        product
----------------------------------------------------------------------------------------------------------------
Applying sealant.............................................  Up to 102 work-    Up to $6,813   Up to $15,483.
                                                               hours x $85 per
                                                                 hour = Up to
                                                                       $8,670
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

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

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

    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 airworthiness
directive:

2022-10-11 The Boeing Company: Amendment 39-22049; Docket No. FAA-
2021-0877; Project Identifier AD-2020-01316-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 11, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-100B SUD, 747-
200B, 747-200C, 747-200F, 747-300, 747SP, 747-400, 747-400D, and
747-400F series airplanes, certificated in any category, having line
numbers 645 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel; 57,
Wings.

(e) Unsafe Condition

    This AD was prompted by the FAA's analysis of the fuel system
reviews conducted by the manufacturer. The FAA is issuing this AD to
address arcing in the event of a lightning strike or high-powered
short circuit, which could result in a fuel tank explosion or fire.

(f) Compliance

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

(g) Reconfiguration of Wire Bundle Clamps, Sealant Application,
Installation of Clamps and Sleeves, Inspections, and Corrective Actions

    (1) For Group 1 through 9, 11, and 16 through 45 airplanes
identified in Boeing Special Attention Service Bulletin 747-57-2327,
Revision 8, dated November 13, 2020: Within 60 months after the
effective date of this AD, reconfigure the clamps of the specified
wire bundles, apply sealant to the specified fasteners that
penetrate the fuel tank walls, and install cushion clamps and
polytetrafluoroethylene (TFE) sleeves on the wire bundles of the
front spars and rear spars of the wings, as applicable, in
accordance with Work Packages 13 through 21, as applicable, of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-57-2327, Revision 8, dated November 13, 2020.
    (2) For airplanes on which the actions specified in Work Package
7, 8, or 9 of Boeing Special Attention Service Bulletin 747-57-2327
have been done: Within 60 months after the effective date of this
AD, inspect to determine if the fillet sealant identified in step 5
of Figure 23 of Boeing Special Attention Service Bulletin 747-57-
2327, Revision 8, dated November 13, 2020, was applied to fully
encapsulate the fastener penetrating the fuel tank; and if the
sealant does not fully encapsulate the fastener, before further
flight, apply sealant as specified in step 5 of Figure 23, except
where note (f) of Figure 23 specifies to ``make sure to apply the
fillet sealant on the fastener,'' this AD requires applying the
fillet sealant to fully encapsulate the fastener penetrating the
fuel tank.
    (3) For Group 2 airplanes identified in Boeing Special Attention
Service Bulletin 747-57-2326, Revision 1, dated January 31, 2008, on
which fasteners were sealed using Boeing Special Attention Service
Bulletin 747-57-2326, dated January 4, 2007: Within 60 months after
the effective date of this AD, inspect to determine if all fasteners
identified in Figures 4 and 5 of Boeing Special Attention Service
Bulletin 747-57-2326, Revision 1, dated January 31, 2008, have been
sealed; and if any fasteners are not sealed, before further flight,
apply sealant in accordance with Figure 1 of Boeing Special
Attention Service Bulletin 747-57-2326, Revision 1, dated January
31, 2008.

(h) Maintenance or Inspection Program Revision

    (1) For Model 747-400, 747-400D, and 747-400F series airplanes:
Within 60 days after the effective date of this AD: Revise the
existing maintenance or inspection program, as applicable, by
incorporating the information in airworthiness limitations (AWLs)
28-AWL-33, 28-AWL-34, and 28-AWL-37 of The Boeing Company 747-400
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs), D621U400-9, Revision February 2020. The initial compliance
time for doing AWL No. 28-AWL-33, ``Cushion Clamps and Teflon
Sleeving Installed on Out-of-Tank Wire Bundles Installed on Brackets
that are Mounted Directly on the Fuel Tanks,'' is at the applicable
time specified in paragraphs (h)(1)(i) or (ii) of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-33 in the existing maintenance or inspection program before the
effective date of this AD: Within 144 months since issuance of the
original airworthiness certificate or original export certificate of
airworthiness, within 144 months since Boeing Special Attention
Bulletin 747-57-2327 was incorporated, or within 12 months after the
effective date of this AD, whichever occurs latest.
    (ii) For airplanes not identified in paragraph (h)(1)(i) of this
AD: Within 144 months since AWL No. 28-AWL-33 was incorporated into
the existing maintenance or inspection program, or within 144 months
after the most recent inspection was performed as specified in AWL
No. 28-AWL-33, whichever occurs later.
    (2) For Model 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-
300, and 747SP series airplanes: Within 60 days after the effective
date of this AD, revise the existing maintenance or inspection
program, as applicable, by incorporating the information in AWLs 28-
AWL-25, 28-AWL-27, and 28-AWL-28 of The Boeing Company 747-100/200/
300/SP/SR Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D6-13747-CMR, Revision September
2020; except where the ``Applicability'' of AWLs 28-AWL-25 and 28-
AWL-27 specifies ``ALL'' and ``NOTE,'' replace ``ALL'' and ``NOTE''
with ``Airplanes L/N 645 and on'' and remove the ``Applicability
Note'' from the Description column of 28-AWL-25 and 28-AWL-27. The
initial compliance time for doing AWL No. 28 AWL-25, ``Cushion
Clamps and Teflon Sleeving Installed on Out-of-Tank Wire Bundles
Installed on Brackets that are Mounted Directly on the Fuel Tanks,''
is at the applicable time specified in paragraphs (h)(2)(i) or (ii)
of this AD.
    (i) For airplanes that did not have any version of AWL No. 28-
AWL-25 in the existing maintenance or inspection program before the
effective date of this AD: Within 144 months since issuance of the
original airworthiness certificate or original export certificate of
airworthiness, within 144 months since Boeing Special Attention
Bulletin 747-57-2327 was incorporated, or within 12 months after the
effective date of this AD, whichever occurs latest.
    (ii) For airplanes not identified in paragraph (h)(2)(i) of this
AD: Within 144 months since AWL No. 28-AWL-25 was incorporated into
the maintenance or inspection program, or within 144 months after
the most recent inspection was performed as specified in AWL No. 28-
AWL-25, whichever occurs later.

(i) No Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program has been revised as
required by paragraph (h)(1) or (2) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs may be used
unless the actions, intervals, and CDCCLs are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k) of this AD.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the Work Package 13
actions specified in paragraph (g)(1) of this AD, if those actions
were performed before the effective date of this AD using the
service information specified in paragraphs (j)(1)(i) through (iv)
of this AD.

    (i) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 4, dated August 26, 2010.
    (ii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 5, dated September 20, 2011.
    (iii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 6, dated February 21, 2013.
    (iv) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 7, dated November 30, 2017.
    (2) This paragraph provides credit for the Work Package 14, 15,
and 16 actions specified in paragraph (g)(1) of this AD, if those
actions were performed before the effective date of this AD using
the service information specified in paragraphs (j)(2)(i) through
(iii) of this AD.
    (i) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 5, dated September 20, 2011.
    (ii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 6, dated February 21, 2013.
    (iii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 7, dated November 30, 2017.
    (3) This paragraph provides credit for the Work Package 17
actions specified in paragraph (g)(1) of this AD, if those actions
were performed before the effective date of this AD using the
service information specified in paragraphs (j)(3)(i) or (ii) of
this AD.
    (i) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 6, dated February 21, 2013.
    (ii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 7, dated November 30, 2017.
    (4) This paragraph provides credit for the Work Package 18, 19,
and 20 actions specified in paragraph (g)(1) of this AD, if those
actions were performed before the effective date of this AD using
Boeing Special Attention Service Bulletin 747-57-2327, Revision 7,
dated November 30, 2017.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 the attention of the person
identified in paragraph (l)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(l) Related Information

    (1) For more information about this AD, contact Rose Len,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3604; email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 747-57-2326,
Revision 1, dated January 31, 2008.
    (ii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 8, dated November 13, 2020.
    (iii) The Boeing Company 747-100/200/300/SP/SR Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs), D6-13747-CMR, Revision September 2020.
    (iv) The Boeing Company 747-400 Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D621U400-9, Revision
February 2020.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110 SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA.
    (4) You may view this service information 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>.
    (5) You may view this 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, [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 6, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-12030 Filed 6-3-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Rules and Regulations]
[Pages 29074-29075]
[FR Doc No: 2014-11779]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2014-0272; Airspace Docket No. 14-ASO-5]
RIN 2120-AA66

Amendment of Restricted Area R-5304C; Camp Lejeune, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This action changes the name of the using agency for
Restricted Area R-5304C, Camp Lejeune, NC. This is an administrative
change to reflect organizational restructuring within the United States
Marine Corps. It does not affect the boundaries, designated altitudes,
time of designation or activities conducted within the restricted area.

DATES: Effective date: 0901 UTC, July 24, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by updating the using agency name for Restricted Area R-5304C,
Camp Lejeune, NC. The name change is due to organizational
restructuring within the U.S. Marine Corps. This is an administrative
change that does not affect the boundaries, designated altitudes, or
activities conducted within the restricted area; therefore, notice and
public procedure under 5 U.S.C. 553(b) are unnecessary.
    The FAA has determined that this action only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it makes an administrative change to the descriptions of Restricted
Area R-5303C, Camp Lejeune, NC to reflect organizational realignments
within the U.S. Marine Corps.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures,
paragraph 311d. This airspace action is an administrative change to the
descriptions of the affected restricted area to update the using agency
name. It does not alter the dimensions, altitudes, or times of
designation of the airspace; therefore, it is not expected to cause any
potentially significant

environmental impacts, and no extraordinary circumstances exist that
warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73, as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.53  [Amended]

0
2. Sec.  73.53 is amended as follows:

R-5304C Camp Lejeune, NC [Amended]

    By removing the words ``Using agency. USMC, Commanding Officer,
U.S. Marine Corps Base Camp Lejeune, NC, '' and inserting in their
place ``Using agency. USMC, Commanding General, Marine Corps
Installations East-Marine Corps Base Camp Lejeune, NC''

    Issued in Washington, DC, on May 13, 2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2014-11779 Filed 5-20-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Proposed Rules]
[Pages 21191-21193]
[FR Doc No: 2015-08733]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0951; Directorate Identifier 2015-CE-007-AD]
RIN 2120-AA64

Airworthiness Directives; Przedsiebiorstwo Doswiadczalno-
Produkcyjne Szybownictwa ``PZL-Bielsko'' Sailplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL-Bielsko''
Model SZD-50-3 ``Puchacz'' sailplanes. This proposed 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 detachment of the rudder cable fitting block from the
fuselage. We are issuing this proposed AD to require actions to address
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 1, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Allstar PZL Glider, Sp. z o. o., ul. Cieszynska 325, 43-300 Bielsko-
Biala, Poland; telephone: +48 33 812 50 26; fax: +48 33 812 37 39;
email<EMAIL_ADDRESS>Internet: http://szd.com.pl/en/products/szd-50-3-puchacz. You may review this referenced service information at
the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0951.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0951; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0951;
Directorate Identifier 2015-CE-007-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2015-0046, dated March 16, 2015 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    An occurrence was reported involving a SZD-50-3 ``Puchacz''
sailplane, where a rudder cable fitting block, located in the
forward part of the fuselage, detached after application of a high
load on the steering pedal during spin recovery operation.
Subsequent investigations determined that the failure was either
caused by a manufacturing deficiency or originated by a crack.
    This condition, if not detected and corrected, could lead to
further cases of rudder cable fitting block detachment, resulting in
reduced control of the sailplane.
    To address this unsafe condition, Allstar PZL issued Service
Bulletin (SB) No. BE-063/SZD-50-3/2014, to provide inspection and
reinforcement instructions.
    For the reasons described above, this AD requires accomplishment
of a one-time inspection of both (right hand (RH) and left hand
(LH)) rudder cable fitting blocks to verify proper attachment to the
fuselage shell and, depending on finding(s), a repair. This AD also
requires reinforcement of the affected structural area.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0951.

Related Service Information Under 1 CFR part 51

    Allstar PZL Glider has issued Mandatory Service Bulletin No. BE-
063/SZD-50-3/2014 ``Puchacz'', dated December 14, 2014. The service
bulletin describes procedures for inspecting the area around the left-
hand and right-hand rudder cable fitting blocks for cracks and
detachment and making all necessary repairs. This service information
is reasonably available because the interested parties have access to
it through their normal course

of business or by the means identified in the ADDRESSES section of this
NPRM.

FAA's Determination and Requirements of the Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD will affect 5 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the inspection requirement of this proposed AD.
The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed
inspection requirement of this proposed AD on U.S. operators to be
$425, or $85 per product.
    In addition, we estimate that it would take about 2 work-hours per
product to comply with the modification requirement of this proposed AD
and would require parts costing $100.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL-
Bielsko'': Docket No. FAA-2015-0951; Directorate Identifier 2015-CE-
007-AD.

(a) Comments Due Date

    We must receive comments by June 1, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Przedsiebiorstwo Doswiadczalno-Produkcyjne
Szybownictwa ``PZL-Bielsko'' Model SZD-50-3 ``Puchacz'' sailplanes,
all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by 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 detachment of
the rudder cable fitting block from the fuselage. We are issuing
this AD to prevent detachment of the rudder cable fitting block from
the fuselage, which if not detected and corrected, could result in
reduced control.

 (f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within 30 days after the effective date of this AD, inspect
the area around both the left-hand (LH) and the right-hand (RH)
rudder cable fitting blocks following paragraph 3.1. of the
INSTRUCTIONS section in Allstar PZL Glider Mandatory Service
Bulletin No. BE-063/SZD-50-3/2014 ``Puchacz'', dated December 14,
2014.
    (2) If, during the inspection required in paragraph (f)(1) of
this AD, any crack or fitting block detachment is found, before
further flight, repair and reinforce the attachment of both the LH
and RH rudder cable fitting blocks. Do this repair and reinforcement
following paragraph 3.2. of the INSTRUCTIONS section in Allstar PZL
Glider Mandatory Service Bulletin No. BE-063/SZD-50-3/2014
``Puchacz'', dated December 14, 2014.
    (3) Unless already done following the requirement in paragraph
(f)(2) of this AD, within the next 12 months after the effective
date of this AD, reinforce the attachment of both the LH and RH
rudder cable fitting blocks. Do this reinforcement following
paragraph 3.2. of the INSTRUCTIONS section in Allstar PZL Glider
Mandatory Service Bulletin No. BE-063/SZD-50-3/2014 ``Puchacz'',
dated December 14, 2014.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
sailplane 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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2015-0046, dated March 16, 2015, for related information. You may
examine the MCAI on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-0951. For service
information related to this AD, contact Allstar PZL Glider, Sp. z o.
o., ul.

Cieszynska 325, 43-300 Bielsko-Biala, Poland; telephone: +48 33 812
50 26; fax: +48 33 812 37 39; email<EMAIL_ADDRESS>
Internet: http://szd.com.pl/en/products/szd-50-3-puchacz. You may
review this referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on April 8, 2015.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-08733 Filed 4-16-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 1, 2007 (Volume 72, Number 105)]
[Notices]
[Page 30588]
[DOCID:fr01jn07-84]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at Southwest Power Pool Board of
Directors/Members Committee Meetings and Southwest Power Pool Regional
State Committee Meeting

May 24, 2007.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meetings of the Southwest Power
Pool (SPP) Board of Directors, SPP Members Committee and SPP Regional
State Committee noted below. Their attendance is part of the
Commission's ongoing outreach efforts.

Board of Directors

    June 11, 2007-11 a.m.-5 p.m. (CST), June 12, 2007-8:30 a.m.-5 p.m.
(CST), The Peabody Little Rock, 3 Statehouse Plaza, Little Rock, AR
72201,<PHONE_NUMBER>.

Board of Directors/Members Committee

    July 24, 2007-8 a.m.-3 p.m. (CST), Marriott Country Club Plaza,
4445 Main Street, Kansas City, MS 64111,<PHONE_NUMBER>.

SPP Regional State Committee

    July 23, 2007 (Time TBD), Marriott Country Club Plaza, 4445 Main
Street, Kansas City, MS 64111,<PHONE_NUMBER>.
    The discussions may address matters at issue in the following
proceedings:

Docket No. ER04-1232, Southwest Power Pool, Inc.
Docket No. ER05-799, Southwest Power Pool, Inc.
Docket No. ER05-526, Southwest Power Pool, Inc.
Docket No. ER05-1416, Southwest Power Pool, Inc.
Docket No. EL06-83, Southwest Power Pool, Inc.
Docket No. ER06-432, Southwest Power Pool, Inc.
Docket No. ER06-448, Southwest Power Pool, Inc.
Docket No. ER06-451, Southwest Power Pool, Inc.
Docket No. ER06-1047, Southwest Power Pool, Inc.
Docket No. ER06-767, Southwest Power Pool, Inc.
Docket Nos. ER06-1485 and ER07-266, Xcel Energy Services, Inc.
Docket No. ER06-1488, Oklahoma Gas & Electric Company
Docket No. ER06-1463, Empire District Electric Company
Docket No. ER07-385, American Electric Power Service Corporation
Docket No. ER06-1471, Westar Energy, Inc.
Docket No. ER06-1467, Southwest Power Pool, Inc.
Docket No. EL06-71, Associated Electric Cooperative, Inc. v Southwest
Power Pool
Docket No. ER07-14, Southwest Power Pool, Inc.
Docket Nos. ER07-211 and ER07-709, Southwest Power Pool, Inc.
Docket No. ER07-314, Southwest Power Pool, Inc.
Docket No. ER07-319, Southwest Power Pool, Inc.
Docket No. ER07-603, Southwest Power Pool, Inc.
Docket No. ER07-734, Southwest Power Pool, Inc.
Docket No. ER07-736, Southwest Power Pool, Inc.
Docket No. ER07-828, Southwest Power Pool, Inc.
Docket No. ER07-886, Southwest Power Pool, Inc.
Docket No. EL07-27, East Texas Electric Cooperative, Inc., et al. and
Docket No. ER07-396, Southwest Power Pool, Inc.

    These meetings are open to the public.
    For more information, contact John Rogers, Office of Energy Markets
and Reliability, Federal Energy Regulatory Commission at<PHONE_NUMBER>
or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E7-10549 Filed 5-31-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Page 26924]
[FR Doc No: 2017-12054]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9100-000]

Notice of Authorization for Continued Project Operation;
Riverdale Power & Electric Co., Inc.

    On April 27, 2017 Riverdale Power & Electric Co., Inc., licensee
for the Riverdale Mills Hydroelectric Project, filed an Application for
a New License pursuant to the Federal Power Act (FPA) and the
Commission's regulations thereunder. The Riverdale Mills Hydroelectric
Project facilities are located on the Blackstone River in Worcester
County, Massachusetts.
    The license for Project No. 9100 was issued for a period ending May
31, 2017. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires
the Commission, at the expiration of a license term, to issue from
year-to-year an annual license to the then licensee under the terms and
conditions of the prior license until a new license is issued, or the
project is otherwise disposed of as provided in section 15 or any other
applicable section of the FPA. If the project's prior license waived
the applicability of section 15 of the FPA, then, based on section 9(b)
of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth
at 18 CFR 16.21(a), if the licensee of such project has filed an
application for a subsequent license, the licensee may continue to
operate the project in accordance with the terms and conditions of the
license after the minor or minor part license expires, until the
Commission acts on its application. If the licensee of such a project
has not filed an application for a subsequent license, then it may be
required, pursuant to 18 CFR 16.21(b), to continue project operations
until the Commission issues someone else a license for the project or
otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 9100 is issued to
the licensee for a period effective June 1, 2017 through May 31, 2018
or until the issuance of a new license for the project or other
disposition under the FPA, whichever comes first. If issuance of a new
license (or other disposition) does not take place on or before May 31,
2018, notice is hereby given that, pursuant to 18 CFR 16.18(c), an
annual license under section 15(a)(1) of the FPA is renewed
automatically without further order or notice by the Commission, unless
the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that the licensee, Riverdale Power & Electric Co., Inc.,
is authorized to continue operation of the Riverdale Mills
Hydroelectric Project, until such time as the Commission acts on its
application for a subsequent license.

    Dated: June 6, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-12054 Filed 6-9-17; 8:45 am]
 BILLING CODE 6717-01-P