[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Proposed Rules]
[Pages 24433-24435]
[FR Doc No: 2018-11416]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0452; Product Identifier 2017-NM-150-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 727C, 727-100, 727-100C, 727-200, and 727-200F
series airplanes. This proposed AD was prompted by the results of a
fleet survey, which revealed cracking in bulkhead frame webs at a
certain body station. This proposed AD would require repetitive
inspections of the bulkhead frame web at a certain body station and
applicable on-condition actions. We are proposing this AD to address
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 13, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 referenced service information at the FAA, Transport
Standards 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 on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2018-0452.

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-2018-
0452; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: George Garrido, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0452;
Product Identifier 2017-NM-150-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received a report indicating that the results of a fleet
survey of retired 737 airplanes revealed cracking in the bulkhead frame
web at the upper lobe of the station (STA) 259.5 bulkhead frame webs.
Two web cracks, measuring 0.45 inch and 1.7 inches, were found at the
outer chord fastener locations between stringer (S)-11R and S-12R. A
subsequent review of fleet data sources revealed additional crack
findings on other 737 airplanes in the left and right side frame webs
between S-11 and S-12. Fleet findings have been reported on a total of
5 airplanes with a range of between 60,640 and 73,655 total flight
cycles. Such cracking may lead to subsequent failure of the skin and
cockpit window surround structure, and could result in rapid
decompression. No cracks have been reported on Model 727 airplanes but
Model 727 and Model 737 airplanes have a similar frame installation at
STA 259.5.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Requirements Bulletin 727-53A0235 RB,
dated October 12, 2017. The service information describes procedures
for repetitive high frequency eddy current inspections and low
frequency eddy current inspections for cracks of the STA 259.5 bulkhead
frame web from the first stiffener above S-10 to S-13, on the left and
right sides of the airplane, and applicable on-condition actions. 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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified in the Boeing Alert Requirements Bulletin 727-53A0235 RB,
dated October 12, 2017, described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0452.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the
Airworthiness Directives Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).

Costs of Compliance

    We estimate that this proposed AD affects 106 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections....................  41 work-hours x $85 per              $0  $3,485 per          $369,410 per
                                  hour = $3,485 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

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 airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2018-0452; Product Identifier
2017-NM-150-AD.

(a) Comments Due Date

    We must receive comments by July 13, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 727C, 727-100,
727-100C, 727-200, and 727-200F series airplanes, certificated in
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by the results of a fleet survey which
revealed cracking in bulkhead frame webs at a certain body station.
We are issuing this AD to address cracking in the station 259.5
bulkhead frame web from the first stiffener above stringer S-10 to
S-13. Such cracking may lead to subsequent failure of the skin and
cockpit window surround structure, and could result in rapid
decompression.

(f) Compliance

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

(g) Required Actions

    Except as required by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 727-53A0235 RB, dated October 12, 2017,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
727-53A0235 RB, dated October 12, 2017.

    Note 1 to paragraph (g) of this AD:  Guidance for accomplishing
the actions required by this AD can be found in Boeing Alert Service
Bulletin 727-53A0235, dated October 12, 2017, which is referred to
in Boeing Alert Requirements Bulletin 727-53A0235 RB, dated October
12, 2017.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Service Bulletin 727-
53A0235 RB, dated October 12, 2017, uses the phrase ``the original
issue date of Requirements Bulletin 727-53A0235 RB,'' this AD
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 727-53A0235 RB,
dated October 12, 2017, specifies contacting Boeing, this AD
requires repair using a method approved in accordance with the
procedures specified in paragraph (j) of this AD.

(i) Special Flight Permit

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), may be issued to operate the airplane to a location
where the requirements of this AD can be accomplished, but
concurrence by the Manager, Los Angeles ACO Branch, FAA, is required
before issuance of the special flight permit.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 local Flight Standards
District 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 (k)(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 local flight standards district office/certificate holding
district 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 Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, 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.

(k) Related Information

    (1) For more information about this AD, contact George Garrido,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5232; fax:<PHONE_NUMBER>; email: [email protected].
    (2) 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 referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on May 14, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-11416 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35044-35048]
[FR Doc No: 2018-15769]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83667; File No. SR-DTC-2018-006]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing of Proposed Rule Change To Amend Rule 35 To Provide
for Designated Accounts for Use With Designated Collateral Management
Service Providers

July 18, 2018
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 9, 2018, The Depository Trust Company (``DTC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II and III below, which Items have been
prepared by the clearing agency. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change of DTC would amend Rule 35 \3\ to permit a
Participant or Pledgee to designate one or more collateral management
service providers,\4\ acting on behalf of the Participant or Pledgee,
to receive reports and information from, and provide certain
instructions to, DTC with respect to specified Accounts of the
Participant or Pledgee. In addition, the proposed rule change would
make ministerial changes to Rule 35, as discussed below.
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    \3\ Each capitalized term not otherwise defined herein has its
respective meaning as set forth in the Rules, By-Laws and
Organization Certificate of The Depository Trust Company (the
``Rules''), available at http://www.dtcc.com/legal/rules-and-procedures.aspx.
    \4\ Collateral management generally involves calculating
collateral requirements and facilitating the transfer of collateral
between counterparties. See Securities Exchange Act Release No.
64796 (July 1, 2011), 76 FR 39963, 39964 (July 7, 2011) (S7-28-11).
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency included
statements concerning the purpose of and basis for the proposed rule
change and discussed any comments it received on the proposed rule
change. The text of these statements may be examined at the places
specified in Item IV below. The clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change of DTC would amend Rule 35 to permit a
Participant or Pledgee to designate one or more collateral management
service providers, acting on behalf of the Participant or Pledgee, to
receive reports and information from, and provide certain instructions
to, DTC with respect to specified Accounts of the Participant or
Pledgee. In addition, the proposed rule change would make ministerial
changes to Rule 35, as discussed below.
A. Background
i. Rule 35
    On May 4, 2017, the Commission approved a DTC rule change that
added Rule 35.\5\ DTC introduced Rule 35 at the request of DTCC
Euroclear Global Collateral Ltd. (``DEGCL'') \6\ in accordance with
DEGCL specifications. The purpose of Rule 35 was to permit a
Participant to authorize DEGCL to receive certain reports and
information with respect to Securities held by the Participant at DTC
in one or more sub-accounts (each, a ``CMS Sub-Account'') so that DEGCL
might provide collateral management services with respect to such
Securities.\7\
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    \5\ See Securities Exchange Act Release No. 80598 (May 4, 2017),
82 FR 21837 (May 10, 2017) (SR-DTC-2017-001).
    \6\ DEGCL is a joint venture of The Depository Trust & Clearing
Corporation, the corporate parent of DTC, and Euroclear S.A./N.V.
and was formed for the purpose of offering global information,
record keeping, and processing services for derivatives collateral
transactions and other types of financing transactions. DEGCL offers
service options for the selection of collateral to satisfy the
collateral obligations of its users (``DEGCL CMS''). One option
relates exclusively to Securities held at DTC, and is dependent on
Rule 35. For more information on DEGCL and DEGCL CMS, see Securities
Exchange Act Release No. 80280 (March 20, 2017), 82 FR 15081 (March
24, 2017) (SR-DTC-2017-001).
    \7\ Rule 35 provides that by establishing a CMS Sub-Account, a
Participant authorizes DEGCL to receive from DTC (x) a ``CMS
Report,'' which provides information regarding Securities credited
to the CMS Sub-Account of such Participant at the time of the
report, and (y) ``CMS Delivery Information,'' which provides real-
time information regarding any Delivery or Pledge from, or Delivery
or Release to, the CMS Sub-Account of such Participant.
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    As DEGCL sought to expand its activities under Rule 35, which would
have required one or more amendments to the rule, DTC considered
whether a more comprehensive approach to Rule 35 might better serve the
collateral management needs of its Participants and Pledgees.
ii. Proposed Rule Changes
    The proposed rule change to amend Rule 35 would apply to any
collateral management service provider that satisfies the requirements
of the rule, and to any Account designated by a Participant or Pledgee.
The amended rule would authorize DTC to provide information to the
collateral management service provider (as it does for DEGCL currently)
but, further, to act on instructions of the collateral management
service provider.
    More specifically, the proposed rule change would:
    (1) Introduce the concept of a ``CMSP,'' a collateral management
service provider designated to DTC by a Participant or Pledgee to act
on behalf of the Participant or Pledgee under the proposed rule. The
concept of a CMSP would replace the singular designation of DEGCL to
act under this rule; \8\
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    \8\ DTC understands that DEGCL expects to be a CMSP under
proposed Rule 35 and expects to offer collateral management services
under the amended rule.
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    (2) Introduce the concept of a ``CMSP Account,'' an Account of a
Participant or Pledgee that the Participant or Pledgee, respectively,
has designated as subject to the proposed rule. The scope of a CMSP
Account would replace the narrower concept of the existing CMS Sub-
Account; \9\
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    \9\ Rule 35 currently requires that a designated Account must be
a sub-Account, and can only be designated by a Participant, which
were DEGCL specifications. By expanding the rule to Accounts more
generally, which could be designated by any Participant or Pledgee,
the proposed rule would provide a Participant or a Pledgee
flexibility to choose among CMSPs with different models for
collateral management services and to structure its Accounts in a
manner that aligns most efficiently with its collateral management
needs and the specifications of its designated CMSP(s).
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    (3) Add the concept of a ``CMSP Instruction,'' an instruction of a
CMSP to DTC for the Delivery, Pledge, or Release of Securities to or
from a CMSP Account for which the CMSP is designated under the proposed
rule; and
    (4) Introduce the defined terms ``CMSP Position Report'' and ``CMSP
Information'' (collectively, ``CMSP

Reports''). These reports are analogous to the CMS Report and CMS
Delivery Information, respectively, provided to DEGCL under Rule 35.
B. Proposed Rule
i. CMSP
    Proposed Section 2 of Rule 35 would set forth the requirements to
be a CMSP.\10\ Proposed Section 2 would provide that a partnership,
corporation or other organization or entity may become a CMSP for
purposes of proposed Rule 35 if it satisfies the following
requirements: (a) It is designated to DTC by one or more Participants
or Pledgees as a collateral management service provider for purposes of
Rule 35; (b) it (i) satisfies at least one of the qualifications set
forth in Section 1(a)-(h) of Rule 3 \11\ or (ii) is organized in a
country other than the United States, is regulated by a financial
regulatory authority in the country in which it is organized, and
demonstrates that it has notified the Commission in writing of its
intention to operate under Rule 35; \12\ and (c) it establishes a
connection to DTC in accordance with the reasonable requirements of DTC
in order to be able to receive position and transaction information and
to submit instructions to DTC in accordance with the Rules and
Procedures.\13\
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    \10\ See supra note 8.
    \11\ Sections 1(a)-(h) of Rule 3 provide the qualifications for
a partnership, corporation or other organization or entity to be
eligible to become a Participant. Specifically, it must satisfy at
least one of the following qualifications: ``(a) it is a corporation
which engages in clearance and settlement activities and which is a
subsidiary of a national securities exchange or national securities
association registered under the Exchange Act; (b) it is a member or
member organization in good standing of a corporation described in
paragraph (a) above; (c) it is a corporation which is authorized
pursuant to Article 8 of the Uniform Commercial Code, or other
similar statutory provision in effect in the jurisdiction in which
such corporation engages in business, to engage in the business of
effecting the transfer or pledge of Securities by book-entry and
which engages in such business; (d) it is a bank or trust company
which is subject to supervision or regulation pursuant to the
provisions of Federal or State banking laws or any subsidiary of
such a bank or trust company or a bank holding company or any
subsidiary of a bank holding company; (e) it is an insurance company
subject to supervision or regulation pursuant to the provisions of
State insurance laws; (f) it is an investment company registered
under section 8 of the Investment Company Act; (g) it is a pension
fund or other employee benefit fund; or (h) if it does not qualify
under paragraphs (a) through (g) above, it is (i) a financial
institution which demonstrates to the Board of Directors that its
business and capabilities are such that it could reasonably expect
material benefit from direct access to the Corporation's services or
(ii) a broker-dealer registered under the Exchange Act.'' Supra note
3.
    \12\ In order to protect DTC, its Participants and Pledgees, a
collateral management service provider that wishes to act under
proposed Rule 35 would need to be subject to regulatory oversight
comparable to a Participant, as provided in proposed Section 2(b)(i)
of Rule 35, or, if the entity is organized in a country other than
the United States (a ``non-U.S. entity''), it would need to be
regulated by a financial regulatory authority in the country in
which it is organized, as provided in proposed Section 2(b)(ii) of
Rule 35. Further, the proposed rule change would require that, in
order to be eligible to become a CMSP, the non-U.S. entity must
notify the Commission in writing of its intention to operate under
proposed Rule 35. While DTC reserves the right to request
documentation and/or information relating to a collateral management
service provider's compliance with the requirements of proposed
Section 2 of Rule 35, it would be the sole responsibility of the
Participant or Pledgee to evaluate and choose an appropriate
collateral management service provider that, at a minimum, satisfies
the requirements. Under proposed Section 2 of Rule 35, the
designating Participant or Pledgee would remain liable as principal
for the actions of its designated CMSP(s) on its behalf, and would
indemnify DTC for any loss, liability, or expense as a result of any
claim arising from (i) any act or omission of the CMSP, (ii) the
provision of CMSP Reports to the CMSP by DTC, or (iii) DTC's
compliance with instructions of the CMSP.
    \13\ See infra note 15.
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    Proposed Section 2 of Rule 35 would also provide that DTC may
decline to accept an entity as a CMSP if it would present material risk
to DTC, its Participants and Pledgees, or impose material costs to DTC.
For illustrative purposes only, some examples of circumstances in which
DTC might reject a collateral management service provider as a CMSP may
include, without limitation, circumstances in which DTC reasonably
believes that acceptance of the collateral management service provider
as a CMSP would (i) subject DTC to additional legal or regulatory
regimes, to which it is not otherwise subject; (ii) expose DTC to
additional technology risk; or (iii) cause DTC to be in violation of
applicable law or regulation.
ii. CMSP Accounts
    The proposed rule change would amend Rule 35 to allow either a
Participant or a Pledgee to designate any Account as a CMSP Account.
The key feature of a CMSP Account is that it allows the designated CMSP
access and authority to provide instruction to DTC (as further
described below) for the Delivery, Pledge, or Release of Securities on
behalf of a Participant or Pledgee, as applicable. The proposed rule
change would specify that, with respect to a CMSP Account, a
Participant or Pledgee would retain the right to instruct DTC as
otherwise provided in the Rules and Procedures.
    Pursuant to proposed Section 3 of Rule 35, a Participant or Pledgee
would be able to designate one or more CMSP Accounts and, concurrently,
designate one or more CMSPs with respect to each CMSP Account. The
designation of a CMSP with respect to a CMSP Account by a Participant
or Pledgee would constitute:
    (1) The appointment of the CMSP by the Participant or Pledgee of
the CMSP to act on its behalf under Rule 35;
    (2) the authorization of the appointed CMSP by the Participant or
Pledgee to receive CMSP Reports and to provide CMSP Instructions;
    (3) the authorization of DTC by the Participant or Pledgee to act
in accordance with any CMSP Instruction of such CMSP; and
    (4) the representation and warranty of the Participant or Pledgee
that it is duly authorized to instruct DTC to provide CMSP Reports to
the CMSP and to act in accordance with any CMSP Instruction.
    With the exception of references to Pledgees and to the new concept
of CMSP Instruction, these authorizations, representations, and
warranties would substantially track Rule 35, as previously adopted.
    In addition, the proposed rule change would not substantially alter
the liability and indemnification provisions in Rule 35. The proposed
rule change would provide that each Participant and Pledgee that
designates a CMSP with respect to a CMSP Account would indemnify DTC,
and any nominee of DTC, against any loss, liability or expense as a
result of any claim arising from the compliance of DTC with CMSP
Instructions, except to the extent such loss, liability, or expense is
caused directly by the DTC's gross negligence or willful misconduct.
iii. CMSP Reports
    As discussed above, Rule 35 currently provides a mechanism for a
Participant to authorize DEGCL to receive position and transaction
information from DTC, in the form of CMS Reports and CMS Delivery
Information.\14\ The proposed rule change would permit a Participant or
Pledgee to designate a CMSP that would be authorized to receive CMSP
Reports and give CMSP Instructions with respect to CMSP Accounts for
which the CMSP is designated. The CMSP Position Report and CMSP
Information are analogous to the reports provided to DEGCL under
existing Rule 35 (defined as the CMS Report and CMS Delivery
Information, respectively).\15\
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    \14\ See supra note 7.
    \15\ The proposed rule change would not alter the provision in
Rule 35 that states that DTC will provide the CMSP Reports ``through
such dedicated communications channels, satisfactory to [DTC] in its
sole discretion, as [DTC] shall afford for this purpose.''
Typically, DTC would have infrastructure and operations that it
would use to transmit information to, or receive information from,
CMSPs under proposed Rule 35. DTC would consider requests from CMSPs
for alternative methods of connectivity, taking into account factors
that may include, but are not limited to, operational feasibility,
user demand, and cost. In such a situation, the applicable CMSP
would be responsible for all development, integration,
implementation, and additional operating costs related to such
alternate method of transmission.

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

    Existing Rule 35 defines ``CMS Delivery Information'' to mean,
``with respect to CMS Securities and any Delivery or Pledge thereof
from, or Delivery or Release thereof to, a CMS Sub-Account, a copy of
any Delivery, Pledge, or Release message sent to the CMS Participant by
DTC, including the following information: (x) the CUSIP, ISIN, or other
identification number of such CMS Securities, and (y) the number of
shares or other units or principal amount of such CMS Securities.''
This definition was drafted to align with DEGCL specifications.
Pursuant to the proposed rule change, the definition would be drafted
in more general terms to provide flexibility for the different
collateral management service offerings of CMSPs (in addition to
DEGCL). Pursuant to the proposed rule change, ``CMSP Information''
would mean, ``with respect to a CMSP Account of a Participant or
Pledgee, a copy of any message sent to the Participant or Pledgee by
the Corporation.'' These messages would include, but would not be
limited to, the Delivery, Pledge, and Release messages referenced in
the definition of CMS Delivery Information in existing Rule 35.
    Similarly, existing Rule 35 defines ``CMS Report'' to mean, ``with
respect to a CMS Participant and its CMS Sub-Account, the following
information identifying the CMS Securities that are, at the time of
such report, credited to such CMS Sub-Account: (i) The CUSIP, ISIN, or
other identification number of the CMS Securities, and (ii) the number
of shares or other units or principal amount of the CMS Securities.''
This definition was drafted to align with DEGCL specifications.
Pursuant to the proposed rule change, ``(i) the CUSIP, ISIN, or other
identification number of the CMS Securities, and (ii) the number of
shares or other units or principal amount of the CMS Securities'' would
be deleted from the definition.
    Finally, similar to existing Rule 35, proposed Rule 35 would
provide that DTC would have no liability to any Participant or Pledgee
as a result of providing one or more CMSP Reports to any CMSP pursuant
to proposed Section 5 of Rule 35.
iv. CMSP Instructions
    The proposed rule change would further amend Rule 35 to provide
that a CMSP designated by a Participant or Pledgee with respect to a
CMSP Account would be authorized to instruct DTC, on behalf of the
Participant or Pledgee, for the Delivery, Pledge, or Release of
Securities credited to such CMSP Account, as applicable.\16\ CMSP
Instructions would be subject to the terms and conditions of the Rules
and the Procedures applicable to Deliveries, Pledges, and Releases of
Securities generally, including risk management controls.\17\ The
purpose of this proposed change is to streamline collateral processing
by CMSPs by allowing them to receive information directly from DTC and
to take direct action on that information through CMSP Instructions, on
behalf of Participants and Pledgees.
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    \16\ For a CMSP Account of a Participant, that would include
Delivery or Pledge. For a CMSP Account of a Pledgee, that would
include Delivery or Release.
    \17\ DTC risk management controls, including Collateral Monitor
and Net Debit Cap (as defined in Rule 1, Section 1 of the Rules),
are designed so that DTC may complete system-wide settlement
notwithstanding the failure to settle of its largest Participant or
Affiliated Family of Participants. The Collateral Monitor tests
whether a Participant has sufficient collateral for DTC to pledge or
liquidate if that Participant were to fail to meet its settlement
obligation. Pursuant to these controls under applicable DTC Rules
and Procedures, DTC would not process any Delivery or Pledge
instruction order from a CMSP Account that would cause the
Participant to exceed its Net Debit Cap or to have insufficient DTC
Collateral to secure its obligations to DTC. Deliveries would be
processed in the same order and with the same priority as otherwise
provided in the Rules and Procedures (i.e., such Deliveries and
Pledges would not take precedence over any other type of Delivery or
Pledge in the DTC system).
---------------------------------------------------------------------------

    Pursuant to the proposed rule change, the right of any CMSP to
instruct DTC with respect to a CMSP Account would not preclude
instructions by the Participant or Pledgee itself, or CMSP Instructions
by another CMSP, with respect to the same CMSP Account. Furthermore,
Rule 35 would provide that DTC has no liability (i) to a Participant or
Pledgee for acting in accordance with, or relying upon, CMSP
Instructions, or (ii) to any CMSP as a result of DTC acting in
accordance with, or relying upon, instructions of any other Person,
including, but not limited to, the Participant or Pledgee or any other
designated CMSP.
C. Proposed Rule Changes
    In connection with the foregoing, DTC proposes to make the
following changes (including ministerial changes) to Rule 35.
    Title. DTC is proposing to replace the current title ``CMS
Reporting'' with ``CMSP Reports and Instructions,'' to reflect the
amended substance of the proposed rule.
    Section 1. For stylistic consistency, DTC is proposing to insert
the title ``Certain Defined Terms'' for Section 1. For the reasons
explained above, DTC is further proposing to (i) delete the definitions
of CMS, CMS Participant, CMS Representative, CMS Securities, DEGCL, and
DTCC; (ii) add definitions for CMSP, CMSP Account, CMSP Instruction,
and CMSP Reports; (iii) replace the defined term ``CMS Delivery
Information'' with ``CMSP Information'' and simplify the definition by
referring to ``a copy of any message sent to the Participant or
Pledgee'' with respect to a CMSP Account, instead of ``a copy of any
Delivery, Pledge, or Release message sent to the CMS Participant by
DTC, including the following information: (x) the CUSIP, ISIN, or other
identification number of such CMS Securities, and (y) the number of
shares or other units or principal amount of such CMS Securities''; and
(iv) replace the defined term ``CMS Report'' with ``CMSP Position
Report'' and simplify the definition by removing the DEGCL
specifications of ``(i) the CUSIP, ISIN, or other identification number
of the CMS Securities, and (ii) the number of shares or other units or
principal amount of the CMS Securities.''
    Proposed Section 2 (New). DTC is proposing to insert a new proposed
Section 2, titled ``Qualification as a CMSP.'' As discussed above,
Section 2 would set forth the requirements that an entity must satisfy
to become a CMSP.
    Section 2 (Proposed Section 3). DTC is proposing to renumber
Section 2 to Section 3, and to change the title of proposed Section 3
to ``CMSP Accounts.'' DTC is further proposing to modify subsection (a)
to delete DEGCL CMS-specific terms and to reflect that (i) a
Participant or Pledgee can designate one or more CMSP Accounts, as well
as designate one or more CMSPs for each CMSP Account, and (ii) the
designation of a CMSP with respect to a CMSP Account by a Participant
or Pledgee would constitute: (1) The appointment of the CMSP by the
Participant or Pledgee of the CMSP to act on its behalf under Proposed
Rule 35; (2) the authorization of the appointed CMSP by the Participant
or Pledgee to receive CMSP Reports and to provide CMSP Instructions;
(3) the authorization of DTC by the Participant or Pledgee to act in
accordance with any CMSP Instructions of such CMSP; and (4) the
representation and warranty of the Participant or Pledgee that it is
duly authorized to instruct DTC to provide

CMSP Reports to the CMSP and to act in accordance with CMSP
Instructions. DTC is further proposing to modify subsection (b) to
remove CMS-specific references, to reflect the inclusion of Pledgees,
CMSPs, and CMSP Instruction in the proposed rule, and to make
ministerial changes. Additionally, DTC proposes to remove subsection
(c) as it would be no longer relevant because it relates exclusively to
DEGCL.
    Section 3 (Proposed Section 4). DTC is proposing to renumber
Section 3 as Section 4, and to change the title of the section to
``Instructions on a CMSP Account.'' DTC is further proposing to (i)
modify subsection (a) to remove provisions relating to the transfer of
Securities to a CMS Sub-Account, and to insert a provision stating that
a Participant or Pledgee retains its right to instruct DTC with respect
to its CMSP Account, and (ii) modify subsection (b) to remove
provisions relating to the transfer of Securities to a CMS Sub-Account,
and to insert a provision specifying that a CMSP may instruct the
Delivery, Pledge, or Release of Securities to or from a CMSP Account
for which it is designated pursuant to proposed Section 3 of Rule 35.
Further, DTC proposes to insert proposed subsection (c) that would
state that all Deliveries, Pledges, and Releases to or from a CMSP
Account would be subject to the terms and conditions of the Rules and
Procedures applicable to Deliveries, Pledges, and Releases of
Securities generally.
    Section 4. DTC proposes to delete this section, as it relates to
DEGCL specifications for a CMS Report and would no longer be relevant.
    Section 5. DTC is proposing to replace the current title of ``CMS
Delivery Information'' with ``CMSP Reports.'' DTC is further proposing
to insert proposed subsection (a) to provide for the provision of CMSP
Position Reports and CMSP Information to each CMSP for each CMSP
Account for which it is designated. DTC additionally proposes to delete
the following language, because it relates to DEGCL-specific
requirements: ``CMS Delivery Information. The Corporation shall, for
purposes of CMS, provide CMS Delivery Information to the CMS
Representative, in real-time, with respect to (i) each Delivery or
Pledge from, and (ii) Delivery or Release to, any CMS Sub-Account.''
Further, DTC proposes to incorporate the remaining language of Section
5, modified to conform with the defined terms of the proposed rule
change, into proposed subsection (b).
    Section 6. DTC is proposing to modify the section to (i) add
references to CMSPs, Pledgees, CMSP Reports, and CMSP Instructions,
(ii) remove references to CMS Participant, CMS Report, Delivery
Information, and CMS Representative, and (iii) update a cross-reference
relating to CMSP Reports. DTC is further proposing to add disclaimers
of liability to (i) a Participant or Pledgee for acting in accordance
with, or relying upon, CMSP Instructions, or (ii) any CMSP as a result
of DTC acting in accordance with, or relying upon, instructions of any
other Person, including, but not limited to, the Participant or Pledgee
or any other designated CMSP, with respect to a CMSP Account.
    For additional clarity, DTC is also proposing to make ministerial
changes to (i) update articles, pronouns, and determiners, and (ii)
modify language for stylistic conformity within the proposed rule.
Implementation Timeframe
    DTC will implement the proposed rule change two Business Days after
approval of this filing by the Commission. Participants would be
advised of the implementation date of this proposed rule change through
the issuance of a DTC Important Notice.
2. Statutory Basis
    DTC believes that the proposed rule change is consistent with the
requirements of the Act, and the rules and regulations thereunder
applicable to DTC, in particular Section 17A(b)(3)(F) of the Act.\18\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Section 17A(b)(3)(F) of the Act \19\ requires, inter alia, that the
Rules be designed to promote the prompt and accurate clearance and
settlement of securities transactions. By amending Rule 35 (i) to
expand its application to CMSPs generally, and (ii) to provide that
Pledgees, in addition to Participants, may designate an Account under
Rule 35, the proposed rule change would provide any Participant or
Pledgee the opportunity to choose one or more CMSPs that align most
efficiently with its specific collateral management needs and to
structure its Accounts accordingly. In addition, by amending Rule 35 to
permit any Participant or Pledgee to designate one or more CMSPs to
provide CMSP Instructions to DTC with respect to a CMSP Account, the
proposed rule change would reduce the number of actions that a
Participant or Pledgee that has a CMSP would need to take in order to
effect the settlement of collateral transactions at DTC, thereby adding
efficiency by providing straight-through submission and processing of
settlement instructions by a CMSP without further actions by the
Participant or Pledgee. Further, for enhanced clarity, the proposed
rule change would make ministerial changes to Rule 35 so the processes
relating to CMSPs are clear and consistent. Therefore, by (i) providing
Participants and Pledgees the opportunity to choose a CMSP that aligns
most efficiently with its needs, (ii) providing streamlined submission
and processing of settlement instructions by a CMSP on behalf of the
Participant or Pledgee, and (iii) providing a clear and consistent rule
relating to CMSPs, the proposed rule change is designed to improve
efficiency in the processing and settlement of collateral transactions,
thereby promoting the prompt and accurate clearance and settlement of
securities transactions, consistent with the requirements of the Act,
in particular Section 17A(b)(3)(F).
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(21) promulgated under the Act requires, inter alia,
that each covered clearing agency shall establish, implement, maintain
and enforce written policies and procedures reasonably designed to be
efficient and effective in meeting the requirements of its participants
and the markets it serves.\20\ By amending Rule 35 to permit a
Participant or Pledgee to designate one or more CMSPs to provide CMSP
Instructions to DTC with respect to a CMSP Account, the proposed rule
change would provide (i) an efficient mechanism for a Participant or
Pledgee to designate collateral management service providers for its
Account at DTC, and (ii) flexibility to a Participant or Pledgee to
structure its Accounts in a manner that is most effective for the
collateral management needs of that Participant or Pledgee and for the
specifications of its designated CMSP(s), and is therefore designed to
be efficient and effective in meeting the requirements of Participants,
consistent with the requirements of the Act, in particular Rule 17Ad-
22(e)(21).
---------------------------------------------------------------------------

    \20\ 17 CFR 240.17Ad-22(e)(21).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    DTC believes that the proposed rule change to amend Rule 35 to (i)
expand its application to CMSPs generally, (ii) provide that Pledgees,
in addition to Participants, may designate an Account under Rule 35,
and (iii) provide for CMSP Instructions to DTC with respect to a CMSP
Account, would have an impact on competition by potentially promoting
competition, and would not

impose a burden on competition.\21\ By removing provisions particular
to DEGCL only, and providing that any Participant or Pledgee can
designate a CMSP for a CMSP Account, the proposed rule change would (i)
offer collateral management service providers (in addition to DEGCL)
the opportunity to provide collateral management services to
Participants and Pledgees under proposed Rule 35, and (ii) provide any
Participant or Pledgee the opportunity to choose from among competing
collateral management service providers. In addition, by providing that
a Participant or Pledgee can designate one or more CMSPs to provide
CMSP Instructions to DTC with respect to a CMSP Account for which it is
designated, the proposed rule change would provide CMSPs the
opportunity to include direct messaging to DTC as part of their
services to Participants or Pledgees. Therefore, DTC believes that the
proposed rule change would not impose a burden on competition but may
promote competition.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

    DTC does not believe that the proposed ministerial changes to Rule
35 would have any impact on competition because these clarifications
would merely make changes for accuracy and consistency and therefore
would not affect the rights and obligations of any Participant or
Pledgee or other interested party.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    Written comments relating to the proposed rule change have not been
solicited or received. DTC will notify the Commission of any written
comments received by DTC.

III. Date of Effectiveness of the Proposed Rule Change, and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-DTC-2018-006 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549.

All submissions should refer to File Number SR-DTC-2018-006. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of DTC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-DTC-2018-006 and should be submitted on
or before August 14, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-15769 Filed 7-23-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65379-65381]
[FR Doc No: 2019-25723]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-35-000.
    Applicants: AES Kekaha Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of AES Kekaha Solar, LLC.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5120.
    Comments Due: 5 p.m. ET 12/11/19.

    Docket Numbers: EG20-36-000.
    Applicants: Coachella Wind Holdings, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Coachella Wind Holdings, LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5093.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: EG20-37-000.
    Applicants: Desert Hot Springs, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Desert Hot Springs, LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5095.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: EG20-38-000.
    Applicants: Mojave 16/17/18 LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Mojave 16/17/18 LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5098.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: EG20-39-000.
    Applicants: Oasis Alta, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Oasis Alta, LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5102.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: EG20-40-000.
    Applicants: Mojave 3/4/5 LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Mojave 3/4/5 LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5104.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: EG20-41-000.
    Applicants: Painted Hills Wind Holdings, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Painted Hills Wind Holdings, LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5107.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: EG20-42-000.
    Applicants: Refresh Wind 2, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Refresh Wind 2, LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5110.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: EG20-43-000.
    Applicants: Refresh Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Refresh Wind, LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5113.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: EG20-44-000.

    Applicants: San Jacinto Wind II, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of San Jacinto Wind II, LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5117.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: EG20-45-000.
    Applicants: Terra-Gen 251 Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Terra-Gen 251 Wind, LLC.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5122.
    Comments Due: 5 p.m. ET 12/12/19.

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

    Docket Numbers: ER10-1852-031; ER10-1951-016; ER11-4462-037; ER16-
1277-007; ER16-1293-006; ER16-1354-006; ER17-838-012; ER18-1952-006.
    Applicants: Florida Power & Light Company, Gulf Power Company, Live
Oak Solar, LLC, NEPM II, LLC, NextEra Energy Services Massachusetts,
LLC, NextEra Energy Marketing, LLC, White Oak Solar, LLC, White Pine
Solar, LLC.
    Description: Notification of Non-material Change in Status of the
NextEra Resource Entities.
    Filed Date: 11/19/19.
    Accession Number: 20191119-5169.
    Comments Due: 5 p.m. ET 12/10/19.

    Docket Numbers: ER12-672-013.
    Applicants: Brea Power II, LLC.
    Description: Notice of Non-Material Change in Status of Brea Power
II, LLC.
    Filed Date: 11/19/19.
    Accession Number: 20191119-5174.
    Comments Due: 5 p.m. ET 12/10/19.

    Docket Numbers: ER19-2582-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Response of Pacific Gas and Electric Company to
October 4, 2019 letter requesting additional information; and also an
Errata to Response of Pacific Gas and Electric Company to October 4,
2019 letter requesting additional information.
    Filed Date: 11/19/19.
    Accession Number: 20191119-5020, 20191119-5142.
    Comments Due: 5 p.m. ET 12/10/19.

    Docket Numbers: ER19-2893-001.
    Applicants: El Paso Electric Company.
    Description: Tariff Amendment: Rate Schedule No. 18 EPE Power Sales
Agreement with RGEC to be effective 8/1/2017.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5137.
    Comments Due: 5 p.m. ET 12/11/19.

    Docket Numbers: ER20-195-000.
    Applicants: Diamond Leaf Energy, LLC.
    Description: Supplement to October 25 2019 Diamond Leaf Energy, LLC
tariff filing.
    Filed Date: 11/8/19.
    Accession Number: 20191108-5105.
    Comments Due: 5 p.m. ET 12/2/19.

    Docket Numbers: ER20-419-001.
    Applicants: ITC Midwest LLC.
    Description: Tariff Amendment: Amendment to Filing of a CIAC
Agreement with Northern States to be effective 1/19/2020.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5111.
    Comments Due: 5 p.m. ET 12/11/19.

    Docket Numbers: ER20-427-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Clarify
Transmission Invoicing to be effective 1/19/2020.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5112.
    Comments Due: 5 p.m. ET 12/11/19.

    Docket Numbers: ER20-428-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: November 2019 Western IA
Biannual Filing (SA 59) to be effective 2/1/2020.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5126.
    Comments Due: 5 p.m. ET 12/11/19.

    Docket Numbers: ER20-429-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: November 2019 Western WDT
Service Agreement Biannual Filing (SA 17) to be effective 2/1/2020.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5128.
    Comments Due: 5 p.m. ET 12/11/19.

    Docket Numbers: ER20-430-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2829R4 Midwest Energy/Evergy
Kansas Central Meter Agent Agr to be effective 11/1/2019.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5136.
    Comments Due: 5 p.m. ET 12/11/19.

    Docket Numbers: ER20-431-000.
    Applicants: Ohio Power Company, AEP Ohio Transmission Company,
Inc., PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: AEP submits ILDSA, SA No.
1336 and 3 Facilities Agreements to be effective 1/21/2020.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5004.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: ER20-432-000.
    Applicants: The Empire District Electric Company.
    Description: Application for Waiver of Affiliate Rules of The
Empire District Electric Company.
    Filed Date: 11/20/19.
    Accession Number: 20191120-5143.
    Comments Due: 5 p.m. ET 12/11/19.

    Docket Numbers: ER20-433-000.
    Applicants: Tampa Electric Company.
    Description: Tariff Cancellation: Cancellation of Rate Schedule
FERC No. 100--Plant City IA to be effective 12/18/2019.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5021.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: ER20-434-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3101R4 Heartland Consumers
Power District NITSA and NOA to be effective 11/1/2019.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5026.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: ER20-435-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3114R4 Resale Power Group of
Iowa to be effective 11/1/2019.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5034.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: ER20-436-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3473R1 Upstream Wind/Evergy
Kansas Central Meter Agent Agr to be effective 11/1/2019.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5038.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: ER20-437-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3280R1 Marshall Wind/Evergy
Kansas Central Meter Agent Agr to be effective 11/1/2019.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5061.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: ER20-438-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2825R6 KMEA and Evergy
Kansas Central Meter Agent Agreement to be effective 11/1/2019.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5126.

    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: ER20-439-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2817R1 Flat Ridge 2 Wind
Energy/Evergy Kansas Meter Agent Ag to be effective 11/1/2019.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5135.
    Comments Due: 5 p.m. ET 12/12/19.

    Docket Numbers: ER20-440-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-11-21_SA 3373 Entergy
Arkansas-Newport Solar GIA (J919) to be effective 11/6/2019.
    Filed Date: 11/21/19.
    Accession Number: 20191121-5148.
    Comments Due: 5 p.m. ET 12/12/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 21, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-25723 Filed 11-26-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Notices]
[Page 42359]
[DOCID:fr21jy08-56]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3287-EM]

California; Amendment No. 2 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of California (FEMA-3287-EM), dated June 28, 2008, and
related determinations.

DATES: Effective Date: July 9, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the State of California is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared an emergency by the President in his
declaration of June 28, 2008.

    Butte, Kern, Mariposa, Mendocino, Monterey, Plumas, Santa
Barbara, Santa Clara, Santa Cruz, Shasta, and Trinity Counties for
emergency protective measures, (Category B), including direct
Federal assistance, under the Public Assistance program, for a
period of up to 60 days beginning on June 20, 2008, and ending on
August 20, 2008, or the close of the incident period, whichever
occurs first.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-16558 Filed 7-18-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
[Notices]
[Page 34486]
[FR Doc No: 2020-12020]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0756]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Aging
Aircraft Program (Widespread Fatigue Damage)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
FAA invites public comments about our intention to request Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on October 21, 2019. The collection involves submittal of
limits of validity of engineering data that supports the structural
maintenance program (hereafter referred to as LOV) for certain airplane
models. The information to be collected will be used to demonstrate
compliance with FAA regulations requiring establishment and
incorporation of LOV into the airplane's structural maintenance
program.

DATES: Written comments should be submitted by July 6, 2020.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via email to<EMAIL_ADDRESS>
or faxed to<PHONE_NUMBER>, or mailed to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Docket Library,
Room 10102, 725 17th Street NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Walter M. Sippel by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility, and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0743.
    Title: Aging Aircraft Program (Widespread Fatigue Damage).
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on October 21, 2019 (84 FR 56281). The FAA did not
receive any comments.
    The ``Aging Aircraft Program (Widespread Fatigue Damage)'' final
rule amended FAA regulations pertaining to certification and operation
of transport category airplanes to preclude widespread fatigue damage
in those airplanes. This collection requires that design approval
holders submit LOV to the responsible Aircraft Certification Service
office for approval to demonstrate compliance with Sec.  26.21 or Sec.
26.23, as applicable. This collection also requires that operators
submit the LOV to their Principal Maintenance Inspectors to demonstrate
compliance with Sec.  121.1115 or Sec.  129.115, as applicable.
    Respondents: Approximately 27 design approval holders and
operators.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 2.72 hours.
    Estimated Total Annual Burden: 408 hours.

    Issued in Des Moines, WA, on May 29, 2020.
Paul R. Siegmund,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2020-12020 Filed 6-3-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Rules and Regulations]
[Page 6796]
[FR Doc No: 2018-03172]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-1031]

Drawbridge Operation Regulation; Passaic River, Newark, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from drawbridge regulation;
modification.

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

SUMMARY: The Coast Guard has modified a temporary deviation from the
operating schedule that governs the Routes 1 & 9 (Lincoln Highway)
Bridge across the Passaic River, mile 1.8, at Newark, New Jersey. This
modified deviation extends the period the bridge may remain in the
closed-to-navigation position and is necessary to facilitate structural
steel repairs at the lift span.

DATES: This modified deviation is effective without actual notice from
February 15, 2018 through 11:59 p.m. March 30, 2018. For purposes of
enforcement, actual notice will be used from 12:01 a.m. February 3,
2018, until February 15, 2018.

ADDRESSES: The docket for this modified deviation, USCG-2017-1031, is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH''. Click on Open Docket Folder on the
line associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this modified
temporary deviation, call or email Judy K. Leung-Yee, Bridge Management
Specialist, First District Bridge Branch, U.S. Coast Guard; telephone
212-514-4336, email [email protected].

SUPPLEMENTARY INFORMATION: On November 21, 2017, the Coast Guard
published a temporary deviation entitled ``Drawbridge Operation
Regulation; Passaic River, Newark, NJ'' in the Federal Register (82 FR
55322). That deviation allowed the bridge to be in closed-to-navigation
position from November 21, 2017 to January 5, 2018. On December 28,
2017, the Coast Guard published a modified temporary deviation entitled
``Drawbridge Operation Regulation; Passaic River, Newark, NJ'' in the
Federal Register (82 FR 61452). That modified temporary deviation
extended the period the bridge may remain in the closed position from
January 6, 2018 to February 2, 2018.
    The owner of the bridge, the New Jersey Department of
Transportation, requests a second modification to extend the bridge
closure from 12:01 a.m. February 3, 2018 to 11:59 p.m. March 30, 2018.
The extension is necessary to facilitate structural steel repairs at
the lift span that have been delayed by inclement weather.
    The Routes 1 & 9 Bridge across the Passaic River, mile 1.8, at
Newark, New Jersey is a vertical lift bridge with a vertical clearance
of 40 feet at mean high water and 45 feet at mean low water in the
closed position. The existing drawbridge operating regulations are
listed at 33 CFR 117.739(b).
    The waterway users are seasonal recreational vessels and commercial
vessels of various sizes. Coordination with waterway users indicated no
objection to extending the closure of the draw. Vessels that can pass
under the bridge without an opening may do so at all times. The bridge
will not be able to open for emergencies. There is no alternate route
for vessels to pass.
    The Coast Guard will inform the users of the waterways through our
Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so vessel operators may arrange their transits
to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: February 1, 2018.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2018-03172 Filed 2-14-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Proposed Rules]
[Pages 72390-72393]
[FR Doc No: 2015-29402]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-5914; Directorate Identifier 2014-SW-056-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters (Formerly Eurocopter
France) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Airbus Helicopters Model SA341G and SA342J helicopters. This proposed
AD would require repetitive inspections of a certain part-numbered main
rotor hub torsion bar (torsion bar). This proposed AD is prompted by
several cases of corrosion in the metal strands of the torsion bar. The
proposed actions are intended to detect corrosion and prevent failure
of the torsion bar, loss of a main rotor blade, and subsequent loss of
control of the helicopter.

DATES: We must receive comments on this proposed AD by January 19,
2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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-
5914; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the European Aviation Safety Agency (EASA)
AD, the economic evaluation, any comments received, and other
information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt. For service
information identified in this proposed AD, contact Airbus Helicopters,
2701 N. Forum Drive, Grand Prairie, TX 75052; telephone<PHONE_NUMBER>
or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.airbushelicopters.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177.

FOR FURTHER INFORMATION CONTACT: Robert Grant, Aviation Safety
Engineer, Safety Management Group, FAA, 10101 Hillwood Pkwy, Fort
Worth, Texas 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, issued EASA AD No. 2014-0216, dated September 24, 2014,
to correct an unsafe condition for Airbus Helicopters Model SA341G and
SA342J helicopters. EASA advises that several cases of cracks were
found on the polyurethane (PU) coating of part-numbered 704A33633274
torsion bars installed on military Model SA341 helicopters. EASA states
that these parts can also be

installed on civilian Model SA341 and SA342 helicopters. According to
EASA, analysis of the cracked torsion bars showed small areas of
superficial corrosion on the strands inside the bars can also develop
during the manufacturing process. EASA states that cracking of the PU
coating near these areas and the associated penetration of water can
lead to further and deeper development of the corrosion. EASA advises
that this condition, if not detected and corrected, allows water to
penetrate into the torsion bar causing corrosion and failure of the
metal strands inside the bar. Failure of the metal strands could lead
to torsion bar failure, resulting in an in-flight loss of a main rotor
blade and consequent loss of control of the helicopter.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Gazelle work card 65.12.607, dated
August 2008. This service information describes inspecting the torsion
bars for a crack in the PU coating and for corrosion and thickness of
the bushings.
    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.

Other Related Service Information

    Airbus Helicopters has issued Alert Service Bulletin No. SA341/
SA342-05.40, Revision 0, dated April 28, 2014 (ASB), for Model SA341G
and SA342J helicopters certificated by the FAA, and military Model
SA341B, C, D, E, F, and H and SA342K, L, L1, M, M1, and Ma helicopters.
The ASB specifies repetitively inspecting the torsion bars in
accordance with certain work cards, including work card 65.12.07. These
inspections are part of Airbus Helicopters' current maintenance
program, and the ASB revises the compliance time interval for the
inspections.

Proposed AD Requirements

    This proposed AD would require removing and performing repetitive
inspections of each torsion bar for a crack in the PU coating, the
dimension of the angle between the bushings, corrosion on the inside
diameter of each bushing, the thickness of each bushing, the size of
the inside diameter of each bushing, and missing varnish on the two
faces of each bushing. This proposed AD would require replacing the
torsion bar before further flight if there is a crack in the PU coating
of a torsion bar that matches or exceeds the damage criteria, if the
angle of the torsion bar is 7 degrees or more, if any corrosion on a
bushing cannot be removed by rubbing it with an abrasive pad, if the
thickness of a bushing is less than 37.520 mm (1.477 in), or if the
diameter of a bushing is larger than 21,040 mm (.828 in). If varnish is
missing from more than 15 percent of the surface area from a face of a
bushing, this proposed AD would require removing all varnish, finishing
with an abrasive pad, and applying a coat of paint to the face of the
bushing.

Differences Between This Proposed AD and the EASA AD

    This proposed AD would require you to replace a torsion bar instead
of returning it to the manufacturer for examination.

Interim Action

    We consider this proposed AD to be an interim action. If final
action is later identified, we might consider further rulemaking.

Costs of Compliance

    We estimate that this proposed AD would affect 33 helicopters of
U.S. Registry.
    We estimate that operators may incur the following costs in order
to comply with this AD. We estimate $85 per work hour for labor. We
estimate 8 work hours to inspect each helicopter at an estimated cost
of $680 per helicopter and $22,440 for the fleet per inspection cycle.
Replacing a torsion bar would cost $7,020 for required parts; no
additional labor would be necessary.

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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Helicopters (formerly Eurocopter France): Docket No. FAA-
2015-5914; Directorate Identifier 2014-SW-056-AD.

(a) Applicability

    This AD applies to Model SA341G and SA342J helicopters with a
main rotor head torsion bar (torsion bar) part number 704A33633274
installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the coating
of the torsion bar resulting in corrosion. This condition could
result in failure of a torsion bar, loss of a main rotor blade, and
subsequent loss of control of the helicopter.

(c) Comments Due Date

    We must receive comments by January 19, 2016.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) For each torsion bar with less than 5 years since the first
date of installation on any helicopter, within the compliance time
shown in Table 1 to paragraph (e)(1) of this AD:
    (i) Remove the torsion bar and, using a magnifying glass with a
maximum magnification level of 10X, visually inspect for a crack in
the polyurethane (PU) coating of the torsion bar as depicted in
Figure 1 of Airbus Helicopters Gazelle work card 65.12.607, dated
August 2008 (work card). Consider two cracks that are less than 5 mm
(.196 in) apart as a single crack. If there is a crack in the PU
coating that is more than 5 mm (.196 in), replace the torsion bar
before further flight. Do not rework the PU coating of the torsion
bar in any way.
    (ii) Inspect the angle, dimension alpha, as depicted in View on
Arrow F of Figure 1 of the work card. If the angle is 7 or more
degrees, replace the torsion bar before further flight.
    (iii) Inspect each bushing for corrosion on the inside diameter.
If any corrosion cannot be removed by rubbing it with an abrasive
pad, replace the torsion bar before further flight.
    (iv) Using an outside micrometer, measure the thickness,
dimension a, of each bushing as depicted in Detail AA of Figure 1 of
the work card. If the thickness is less than 37.520 mm (1.477 in),
replace the torsion bar before further flight.
    (v) Using an inside micrometer, measure the inside diameter,
dimension b, of each bushing as depicted in Detail AA of Figure 1 of
the work card. If the diameter is larger than 21.040 mm (.828 in),
replace the torsion bar before further flight.
    (vi) Inspect the two faces of each bushing for missing varnish.
If varnish is missing from more than 15% of the surface area on a
face of a bushing, before further flight, remove all varnish using
400-grit abrasive paper. Finish with an abrasive pad and apply a
coat of P05 paint to the face of the bushing.

                       Table 1 to Paragraph (e)(1)
------------------------------------------------------------------------
    Time accumulated on torsion bar              Compliance time
------------------------------------------------------------------------
(i) Less than 320 hours time-in-service  Before accumulating 420 hours
 (TIS) since new and has never been       TIS since new or within 24
 inspected in accordance with Airbus      months since the date of first
 Helicopters 341G-342J Airworthiness      installation on any
 Limitations, Revision 18, dated June     helicopter, whichever occurs
 2014 (limitations inspection).           first.
(ii) 320 or more hours TIS since new     Within 100 hours TIS, or before
 and has never had a limitations          accumulating 600 hours TIS
 inspection.                              since new, or within 24 months
                                          since the date of first
                                          installation on any
                                          helicopter, whichever occurs
                                          first.
(iii) Less than 320 hours TIS since the  Before accumulating 420 hours
 last limitations inspection.             TIS since the last limitations
                                          inspection or within 24 months
                                          since the last limitations
                                          inspection, whichever occurs
                                          first.
(iv) 320 or more hours TIS since the     Within 100 hours TIS, or before
 last limitations inspection.             accumulating 600 hours TIS
                                          since the last limitations
                                          inspection, or within 24
                                          months since the last
                                          limitations inspection,
                                          whichever occurs first.
------------------------------------------------------------------------

    (2) For each torsion bar with 5 or more years since the first
date of installation on any helicopter, within the compliance time
shown in Table 2 to paragraph (e)(2) of this AD, do the inspections
required by paragraphs (e)(1)(i) through (vi) of this AD.

                       Table 2 to Paragraph (e)(2)
------------------------------------------------------------------------
    Time accumulated on torsion bar              Compliance time
------------------------------------------------------------------------
(i) Less than 320 hours TIS since new,   Before accumulating 420 hours
 and less than 6 months since the date    TIS since new or within 12
 of first installation on any             months since the date of first
 helicopter, and has never had a          installation on any
 limitations inspection.                  helicopter, whichever occurs
                                          first.
(ii) 320 or more hours TIS since new or  Within 100 hours TIS, or within
 more than 6 months since the date of     6 months, or before
 first installation on any helicopter,    accumulating 600 hours TIS
 and has never had a limitations          since new, or within 24 months
 inspection.                              since the date of first
                                          installation on any
                                          helicopter, whichever occurs
                                          first.
(iii) Less than 320 hours TIS since      Before accumulating 420 hours
 last limitations inspection and less     TIS since last limitations
 than 6 months since the last             inspection or 12 months since
 limitations inspection.                  last limitations inspection,
                                          whichever occurs first.
(iv) 320 or more hours TIS since last    Within 100 hours TIS, or within
 limitations inspection or 6 or more      6 months, or before
 months since the last limitations        accumulating 600 hours TIS
 inspection.                              since the last limitations
                                          inspection, or within 24
                                          months since the last
                                          limitations inspection,
                                          whichever occurs first.
------------------------------------------------------------------------

    (3) Repeat the inspections required by paragraphs (e)(1)(i)
through (vi) of this AD as follows:
    (i) For torsion bars with less than 6 years since the date of
installation on any helicopter, at intervals not to exceed 420 hours
TIS or 24 months, whichever occurs first.
    (ii) For torsion bars with 6 or more years since the date of
installation on any helicopter, at intervals not to exceed 420 hours
TIS or 12 months, whichever comes first.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Robert Grant, Aviation Safety
Engineer, Safety Management Group, FAA, 10101 Hillwood Pkwy, Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before

operating any aircraft complying with this AD through an AMOC.

(g) Additional Information

    (1) Airbus Helicopters Alert Service Bulletin ASB No. SA341/
SA342-05.40, Revision 0, dated April 28, 2014, which is not
incorporated by reference, contains additional information about the
subject of this AD. For service information identified in this AD,
contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (972) 641-
3775; or at http://www.airbushelicopters.com/techpub. You may review
the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2014-0216, dated September 24, 2014. You
may view the EASA AD on the Internet at http://www.regulations.gov
in the AD Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6700 Main Rotor.

    Issued in Fort Worth, Texas, on November 9, 2015.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2015-29402 Filed 11-18-15; 8:45 am]
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