[Federal Register: March 21, 2007 (Volume 72, Number 54)]
[Notices]
[Page 13319-13320]
[DOCID:fr21mr07-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55462; File No. SR-NYSE-2007-18]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Amend the Linkage Order Fee

    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 February 22, 2007, the New York Stock Exchange LLC (``NYSE'') 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 substantially by NYSE. NYSE submitted the
proposed rule change under Section 19(b)(3)(A) of the Act \3\ and Rule
19b-4(f)(2) thereunder,\4\ which renders the proposal effective upon
filing with the Commission.\5\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
    \5\ NYSE stipulated the implementation date to be March 5, 2007.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify the fee (the ``Linkage Order Fee'')
it charges its member organizations in connection with orders in
equities executed in another market pursuant to the ``Plan for the
Purpose of Creating and Operating an Intermarket Communications
Linkage'' (the ``Linkage Plan'').\6\ As of March 5, 2007, the Linkage
Order Fee for transactions routed to any other market will be $0.0025
per share. The Linkage Order Fee will not apply to transactions where a
broker on the Exchange trading floor placed the related order.
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    \6\ The Linkage Plan was filed with the Commission pursuant to
Rule 608 of Regulation NMS under the Act. The purpose of the Linkage
Plan is to enable the Plan Participants to act jointly in planning,
developing, operating and regulating the NMS Linkage System
electronically linking the Plan Participant Markets to one another,
as described in the Linkage Plan. Following approval by the
Commission, the Plan became operative on October 1, 2006. The Plan
terminates on June 30, 2007; however, participants that wish to
extend the term could agree to do so, subject to Commission
approval. See Securities Exchange Act Release No. 54551 (Sept. 29,
2006), 71 FR 59148 (Oct. 6, 2006) (approving the Linkage Plan).
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    The text of the proposed rule change is available on the NYSE's Web
site at http://www.nyse.com, at NYSE and at the Commission's Public

Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NYSE 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. NYSE has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange's Linkage Order fee is currently fixed at $0.000275
per share. As of March 5, 2007, the Linkage Order Fee for transactions
routed to any other market will be $0.0025 per share. The Linkage Order
Fee is the only transaction fee the Exchange charges its customers on
transactions routed to other markets. These transactions are not
subject to the Exchange's regular equity transaction fees. The Linkage
Order Fee will not apply to transactions where a broker on the Exchange
trading floor placed the related order. Instead, if routed to another
market, such transactions will be billed at the Exchange's regular
equity transaction fee rate. At the time of the Linkage Order Fee's
adoption,\7\ the Exchange stated that the Linkage Order Fee was
intended to permit the Exchange to recover fees billed to Archipelago
Securities LLC (``Archipelago Securities''), as the NYSE's Sponsoring
Member, by other markets for orders executed pursuant to the Linkage
Plan. The current Linkage Order Fee is set at the level of the NYSE's
own equity transaction fee. However, as the Exchange is charged much
higher fees than the current Linkage Order Fee in connection with most
transactions routed to other markets, the current Linkage Order Fee is
enabling the Exchange to recoup only a fraction of its routing
costs.\8\ The revised Linkage Order Fee is more closely related to the
actual transaction fees charged to Archipelago Securities by such other
markets and will enable the Exchange to recoup most of the transaction
fees for which it is responsible in relation to transactions it routes
to other markets through the Linkage.
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    \7\ See Securities Exchange Act Release No. 54727 (November 8,
2006); 71 FR 66820 (November 16, 2006) (SR-NYSE-2006-79).
    \8\ Archipelago Securities is billed by the destination markets
for orders entered on the Exchange by entering firms but routed to
other markets for execution. The Exchange assumed responsibility for
fees paid by Archipelago Securities to Participant markets in its
capacity as the Exchange's Sponsoring Member. See id.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\9\ in general, and
Section 6(b)(4) of the Act,\10\ in particular, in that it is designed
to provide for the equitable allocation of reasonable dues, fees and
other charges among the Exchange's members and other persons using its
facilities. The fee is intended to permit the Exchange to recover fees
billed to Archipelago Securities, as a Sponsoring Member, by other
markets for orders executed pursuant to the Linkage Plan.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NYSE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    NYSE has neither solicited nor received comments on the proposed
rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \11\ and

subparagraph (f)(2) of Rule 19b-4 thereunder,\12\ because it
establishes or changes a due, fee, or other charge imposed by the NYSE.
At any time within 60 days of the filing of the proposed rule change,
the Commission may summarily abrogate such rule change if it appears to
the Commission that such action is necessary or appropriate in the
public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
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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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-18 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE,
Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSE-2007-18. This
file number should be included on the subject line if e-mail 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 Web site (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 inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal offices of NYSE. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-NYSE-2007-18 and should be submitted on or before April 11, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 13 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5117 Filed 3-20-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: September 15, 2006 (Volume 71, Number 179)]
[Notices]
[Page 54532-54536]
[DOCID:fr15se06-86]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27478; File No. 812-13022]

IDS Life Insurance Company, et al., Notice of Application

September 8, 2006.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order pursuant to Section 6(c)
of the Investment Company Act of 1940, as amended (``1940 Act'')
granting exemptions from the provisions of Sections 2(a)(32), 22(c) and
27(i)(2)(A) of the 1940 Act and Rule 22c-1 thereunder.

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    Applicants: IDS Life Insurance Company (``IDS Life''), IDS Life
Insurance Company of New York (``IDS Life of New York''), American
Enterprise Life Insurance Company (``American Enterprise Life''),
American Centurion Life Assurance Company (``American Centurion Life'')
(each, an ``Insurance Company'' and collectively, the ``Insurance
Companies''), Ameriprise Financial Services, Inc.\1\ (``Ameriprise
Financial Services''), IDS

Life Variable Account 10 (``IDS Life Account''), IDS Life of New York
Variable Annuity Account (``IDS Life of New York Account''), American
Enterprise Variable Annuity Account (``American Enterprise Life
Account'') and ACL Variable Annuity Account 2 (``American Centurion
Life Account'') (each, an ``Account'' and collectively, the
``Accounts'') (collectively, the ``Applicants'').
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    \1\ Formerly American Express Financial Advisors Inc.
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    Summary of Application: Applicants seek an order (``2006 Order'')
to amend Existing Orders (described below) to grant exemptions from the
provisions of Sections 2(a)(32), 22(c) and 27(i)(2)(A) of the 1940 Act
and Rule 22c-1 thereunder to the extent necessary to permit Applicants
to recapture certain credits applied to purchase payments made under:
(i) Certain additional new or enhanced deferred variable annuity
contracts (including certain data pages and endorsements) that the
Insurance Companies propose to issue through the Accounts (``2006
Contracts''); and; (ii) certain additional, amended contracts
(including certain data pages and endorsements) that the Insurance
Companies may in the future issue through the Accounts or any future
accounts (``2006 Future Accounts'') that are substantially similar in
all material respects to the 2006 Contracts described in the
Application for 2006 Order (``2006 Future Contracts'' and, together
with the 2006 Contracts, the ``2006 New Contracts''). Applicants also
request that the 2006 Order being sought extend to the ``Affiliated
Broker-Dealers,'' as defined in the applications for the Existing
Orders (described below) (``Prior Applications'') and to any successors
in interest to Applicants.\2\
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    \2\ Successors in interest is defined as any entity or entities
that result from a reorganization, a merger, a change in control or
a change in the type of business organization.
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    Filing Date: The application was filed on May 15, 2006 and amended
and restated on August 21, 2006.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Secretary of
the Commission and serving Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 on October 3, 2006 and should be accompanied by
proof of service on Applicants, in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the writer's interest, the reason for the request, and the
issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary of the Commission.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549. Applicants, Mary Ellyn Minenko, Vice
President and Group Counsel, American Express Financial Advisors Inc.,
50607 AXP Financial Center, Minneapolis, MN 55474.

FOR FURTHER INFORMATION CONTACT: Mark A. Cowan, Senior Counsel, or
Zandra Y. Bailes, Branch Chief, Office of Insurance Products, Division
of Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application is available for a fee from the
Public Reference Branch of the Commission, 100 F Street, NE.,
Washington, DC 20549<PHONE_NUMBER>).

Applicant's Representations

    1. On January 19, 2000, the Commission issued an order pursuant to
Section 6(c) of the 1940 Act exempting certain transactions of
Applicants from the provisions of Sections 2(a)(32), 22(c) and
27(i)(2)(A) of the 1940 Act and Rule 22c-1 thereunder (``January 2000
Order'').\3\ The January 2000 Order specifically permits the recapture,
under specified circumstances, of certain Credits \4\ applied to the
initial or subsequent additional payments (``Purchase Payments'') made
under the contracts (``2000 Contracts'') or future contracts (``2000
Future Contracts'') as defined in the application for the January 2000
Order.\5\ Specifically, the January 2000 Order permits the recapture of
Credits: (a) If the owner returns a contract for a refund during the
free look period; (b) if the Credits were applied within twelve months
preceding the date of death that results in a lump sum death benefit;
or (c) if the Credits were applied within twelve months preceding a
request for a surrender or withdrawal due to one of the following
Contingent Events: (i) Confinement to a nursing home or hospital; (ii)
terminal illness; (iii) disability; or (iv) unemployment.
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    \3\ IDS Life Insurance Company, et al., Investment Company Act
Release No. 24257 (Jan. 19, 2000) (File No. 812-11818).
    \4\ Contracts Covered by Existing Orders (defined below) issued
by IDS Life and IDS Life of New York offer Credits of up to 3% of
Purchase Payments received (limited to Purchase Payments received in
the first contract year under certain contracts covered by Existing
Orders) depending on the surrender charge schedule selected and the
amount of the initial purchase payment. Contracts Covered by
Existing Orders issued by American Enterprise Life offer Credits of
up to 6% of the net current payment (current Purchase Payment less
the amount of partial withdrawals that exceed all prior Purchase
Payments). The percentage amount of the Credit could change for
enhanced versions of the Contracts Covered by Existing Orders.
    \5\ IDS Life Insurance Company, et al., Investment Company Act
Release No. 24220 (Dec. 23, 1999) (File No. 812-11818).
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    2. On February 20, 2004, the Commission issued an amended order
exempting certain additional transactions of Applicants from the
provisions of Sections 2(a)(32), 22(c) and 27(i)(2)(A) of the 1940 Act
and Rule 22c-1 thereunder (``February 2004 Order'' \6\ and, together
with the January 2000 Order, the ``Existing Orders''). The February
2004 Order specifically permits the recapture, under specified
circumstances, of certain Credits applied to Purchase Payments under
the amended contracts (``2004 Contracts'') or future amended contracts
(``2004 Future Contracts'') as defined in the application for the
February 2004 Order \7\ (the 2000 Contracts, 2004 Contracts, 2000
Future Contracts and 2004 Future Contracts are collectively the
``Contracts Covered by Existing Orders'' and the 2000 Future Contracts
and 2004 Future Contracts are collectively the ``Future Contracts
Covered by Existing Orders''). Specifically, the February 2004 Order
permits the recapture of Credits under the same circumstances and under
the additional circumstance of the owner's full or partial settlement
under an annuity payout plan.
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    \6\ IDS Life Insurance Company, et al., Investment Company Act
Release No. 26354 (Feb. 20, 2004) (File No. 812-13022).
    \7\ IDS Life Insurance Company, et al., Investment Company Act
Release No. 26338 (Jan. 22, 2004) (File No. 812-13022).
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    3. Applicants seek this 2006 Order to grant exemptions from the
provisions of Sections 2(a)(32), 22(c) and 27(i)(2)(A) of the 1940 Act
and Rule 22c-1 thereunder to the extent necessary to permit Applicants
to recapture certain Credits applied to Purchase Payments made under
the 2006 Contracts. IDS Life and IDS Life of New York offer two new
2006 Contracts under which Credits will be available, RiverSource
Retirement Advisor 4 AdvantageSM Variable Annuity (``RAVA 4
Advantage'') and RiverSource Retirement Advisor 4 SelectSM
Variable Annuity (``RAVA 4 Select''). RAVA 4 Advantage and RAVA 4
Select currently permit the recapture of Credits under the
circumstances described in the Prior Applications. IDS Life and IDS
Life of New York propose to recapture Credits applied within twelve
months preceding the date of death that results in any death benefit
under those 2006 Contracts in addition

to recapturing Credits under the same circumstances described in the
Prior Applications. American Enterprise Life currently offers two
contracts that constitute Contracts Covered by Existing Orders, Wells
Fargo Advantage[supreg] Builder Select Variable Annuity (``Wells Fargo
Select'') and RiverSource Signature One SelectSM Variable
Annuity (``Signature One Select''). Wells Fargo Select and Signature
One Select currently permit the recapture of Credits under the same
circumstances described in the Prior Applications. American Enterprise
Life proposes to recapture Credits applied within twelve months
preceding the date of death that results in any death benefit payment
as a 2006 Contract enhancement to Wells Fargo Select and Signature One
Select.
    4. The respective Accounts will fund the variable benefits
available under the 2006 Contracts. Units of interest in the Accounts
under the 2006 Contracts they fund will be registered under the
Securities Act of 1933. The Insurance Companies may issue 2006 Future
Contracts through the Accounts. The Insurance Companies also may issue
2006 Future Contracts through Future Accounts. That portion of the
respective assets of the Accounts that is equal to the reserves and
other 2006 Contract liabilities with respect to the Accounts is not
chargeable with liabilities arising out of any other business of the
Insurance Companies. Any income, gains or losses, realized or
unrealized, from assets allocated to the Accounts are, in accordance
with the 2006 Contracts of the respective Accounts, credited to or
charged against the Accounts, without regard to other income, gains or
losses of the Insurance Companies. The same will be true of any Future
Account of the Insurance Companies.
    5. The 2006 Contracts reflect certain differences from the
Contracts Covered by Existing Orders. However, these differences have
no impact on the Credits applied or potentially recaptured under the
2006 Contracts. For this reason, Applicants believe that the 2006
Contracts are substantially similar in all material respects relevant
to the Existing Orders such that they constitute Future Contracts
Covered by Existing Orders. Nevertheless, in view of certain
differences from the Contracts Covered by Existing Orders and in light
of Applicants' request to extend the relief under the Existing Orders
to the recapture of Credits applied within twelve months preceding the
date of death that results in any death benefit payment, Applicants
filed the application for a 2006 Order. To avoid any uncertainty
regarding the availability of such relief with respect to the recapture
of Credits under the 2006 Contracts under the same circumstances
described in Prior Applications and under the one additional
circumstance described in the application for a 2006 Order, Applicants
note the following differences between the Contracts Covered by
Existing Orders and the 2006 Contracts:

a. Recapture of Credits

    Under the Contracts Covered by Existing Orders, the Insurance
Companies allocate Credits up to a total of 6% to the owner's account
when they receive Purchase Payments. The Insurance Companies currently
are permitted to recapture Credits from an owner under the following
circumstances: (i) Any Credits applied if the owner returns a Contract
Covered by Existing Orders for a refund during the free look period;
(ii) Credits applied within twelve months preceding the date of death
that results in a lump sum death benefit; (iii) Credits applied within
twelve months preceding a request for a surrender or withdrawal due to
the following Contingent Events: Confinement of the owner, owner's
spouse or annuitant, as applicable, to a nursing home or hospital and
terminal illness; \8\ and (iv) the owner's full or partial settlement
of the Contract Covered by Existing Orders under an annuity payout
plan. The amount the Insurance Companies pay under these circumstances
will always equal or exceed the surrender or withdrawal value. Under
the 2006 Contracts, the Insurance Companies intend to recapture Credits
up to a total of 6% under the same circumstances described above for
the Contracts Covered by Existing Orders and propose to recapture
Credits applied within twelve months preceding the date of death that
results in a death benefit payment of any kind.\9\
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    \8\ Under the Existing Orders, the Insurance Companies also have
the authority to recapture Credits from an owner under the
disability or unemployment Contingent Events.
    \9\ IDS Life, IDS Life of New York and American Enterprise Life
do not assess surrender or withdrawal charges (contingent deferred
sales charges) on death benefits available under the Contracts
Covered by the 2006 Contracts.
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b. Investment Funds

    The 2006 Contracts will add subaccounts to their respective
Accounts that will invest in some Investment Funds (as defined in the
Prior Applications) not currently offered under the Contracts Covered
by Existing Orders. The Insurance Companies, at a later date, may
decide to substitute the Investment Funds in which the subaccounts
invest. The Insurance Companies also may create additional subaccounts
to invest in any additional Investment Funds as may now or in the
future be available. The Insurance Companies, from time to time, also
may combine or eliminate subaccounts, or transfer assets to and from
subaccounts. Similarly, 2006 Future Contracts may offer additional or
different subaccounts.

c. Mortality and Expense Risk Fees

    The mortality and expense risk fees for RAVA 4 Advantage and RAVA 4
Select are higher than the fees for the earlier generations of RAVA 4
Advantage and RAVA 4 Select which are Contracts Covered by Existing
Orders. The mortality and expense risk fees are as follows:

----------------------------------------------------------------------------------------------------------------
                                        Earlier
                                    generations of      Earlier
                                        RAVA 4      generations of     RAVA 4 advantage        RAVA 4 select
                                       advantage     RAVA 4 select
                                       (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Nonqualified Annuities............            0.95            1.20  1.05%................  1.30%.
Qualified Annuities...............            0.75            1.00  0.85%................  1.10%.
Band 3 Annuities (described below)            0.55            0.75  No separate fee:       No separate fee:
                                                                     1.05% for              1.30% for
                                                                     nonqualified           nonqualified
                                                                     annuities and 0.85%    annuities and 1.10%
                                                                     for qualified          for qualified
                                                                     annuities.             annuities.
----------------------------------------------------------------------------------------------------------------

d. Band 3 Annuities

    Some of the earlier generations of RAVA 4 Advantage and RAVA 4
Select offer Band 3 annuities which are available to current or retired
employees of Ameriprise Financial and their spouses; current or retired
Ameriprise Financial advisors and their spouses; or individuals who,
with the approval of IDS Life or IDS Life of New York, as applicable,
invest an initial purchase payment of $1,000,000 or more. Under RAVA 4
Advantage and RAVA 4 Select, Band 3 annuities will be available to
current or retired employees of Ameriprise Financial and their spouses
or domestic partners; current or retired Ameriprise Financial advisors
and their spouses or domestic partners; or individuals who, with the
approval of IDS Life or IDS Life of New York, as applicable, invest an
initial purchase payment of $1,000,000 or more.

e. Living Benefits

    Both the Contracts Covered by Existing Orders and the 2006
Contracts offer a number of optional living benefit riders that owners
can purchase for an additional fee. The Contracts Covered by Existing
Orders issued by American Enterprise Life offer three different
optional guaranteed income benefit (``Income Benefit'') riders. The
Income Benefit riders guarantee minimum income regardless of the
volatility inherent in the Investment Funds. The Contracts Covered by
Existing Orders also offer an optional guaranteed accumulation benefit
(``Accumulation Benefit'') rider. The Accumulation Benefit rider may
provide a one-time adjustment to the contract value at the end of the
specified waiting period on the benefit date. The Contracts Covered by
Existing Orders also offer an optional guaranteed minimum withdrawal
benefit (``Withdrawal Benefit'') rider. The Withdrawal Benefit
initially gives the owner the right to take limited partial withdrawals
in each contract year that over time will total an amount equal to
Purchase Payments plus any Credits.
    In addition to the same optional living benefit riders described
above, the 2006 Contracts introduce a new optional guaranteed minimum
withdrawal benefit for life (``Withdrawal Benefit for Life'') rider.
The Withdrawal Benefit for Life guarantees that the owner will be able
to withdraw up to a certain amount each year from the 2006 Contract,
regardless of investment performance, before the annuity payouts begin,
until the owner has recovered, at a minimum, all Purchase Payments plus
any Credits. Under certain limited circumstances defined in the rider,
the owner has the right to take a specified amount of partial
withdrawals in each contract year until death, even if the contract
value is zero. The Insurance Companies reserve the right to add new or
enhanced living benefits to the Contracts Covered by Existing Orders
and/or 2006 New Contracts.

f. Asset Allocation Programs

    Both the Contracts Covered by Existing Orders and the 2006
Contracts offer asset allocation programs. Owners are required to
participate in these asset allocation programs if they elect one of the
optional living benefits riders described above. In this case, there is
no separate charge for the asset allocation program. Owners may choose
to participate in the standalone asset allocation program if they do
not elect a living benefit. Under the Contracts Covered by Existing
Orders issued by American Enterprise Life, there is no charge for this
standalone asset allocation program. With respect to the Contracts
Covered by Existing Orders issued by IDS Life and IDS Life of New York,
owners may purchase the optional standalone asset allocation rider for
an additional fee. The current fee is 0.10% (not to exceed 0.20%) as a
percentage of contract value charged annually. Under the 2006 Contracts
issued by IDS Life and IDS Life of New York, the standalone asset
allocation program is available at no additional charge.

g. Annuity Payout Plans

    Both the Contracts Covered by Existing Orders and the 2006
Contracts offer a number of annuity payout plans with payouts available
under a fixed or variable basis or a combination of both. These annuity
payout plans include the following: (A) Life annuity--no refund; (B)
life annuity with five, ten, 15 years or 20 years certain; (C) life
annuity--installment refund; (D) joint and last survivor life annuity--
(i) no refund; or (ii) with 20 years certain; and (E) payouts for a
specified period. The Insurance Companies also may agree to other
payout arrangements. The 2006 Contracts introduce an additional annuity
payout plan available in connection with the Withdrawal Benefit for
Life. This payout plan is available on a fixed basis only.
    6. Applicants submit that their request for an order that applies
to the Accounts or any Future Accounts, in connection with the issuance
of 2006 Contracts described herein and 2006 Future Contracts that are
substantially similar in all material respects to the 2006 Contracts
and underwritten or distributed by IDS Life, Ameriprise Financial
Services or Affiliated Broker-Dealers is appropriate in the public
interest for the same reasons as those given in support of the Existing
Orders.

Applicants' Legal Analysis

    1. Section 6(c) of the 1940 Act authorizes the Commission to exempt
any person, security or transaction, or any class or classes of
persons, securities or transactions from the provisions of the 1940 Act
and the rules promulgated thereunder if and to the extent that such
exemption is necessary or appropriate in the public interest and
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the 1940 Act.
    2. Applicants request that the Commission issue an order pursuant
to Section 6(c) of the 1940 Act, granting exemptions from the
provisions of Sections 2(a)(32), 22(c) and 27(i)(2)(A) of the 1940 Act
and Rule 22c-1 thereunder, to the extent necessary to permit Applicants
to recapture Credits under the 2006 Contracts under the same
circumstances covered by the Existing Orders and also to recapture
Credits applied within twelve months preceding the date of death that
results in any death benefit payment.
    3. Applicants submit that the provisions for recapture of any
Credit applied within twelve months preceding the date of death that
results in any death benefit payment under the 2006 New Contracts does
not, and will not, violate Sections 2(a)(32) and 27(i)(2)(A) of the
1940 Act. Subsection (i) of Section 27 of the 1940 Act provides that
Section 27 does not apply to any registered separate account funding
variable insurance contracts, or to the sponsoring insurance company
and principal underwriter of such account, except as provided in
paragraph (2) of the subsection. Paragraph (2) provides that it shall
be unlawful for such a separate account or sponsoring insurance company
to sell a contract funded by the registered separate account unless
such contract is a redeemable security. Section 2(a)(32) defines
``redeemable security'' as any security, other than short-term paper,
under the terms of which the holder, upon presentation to the issuer,
is entitled to receive approximately his or her proportionate share of
the issuer's current net assets, or the cash equivalent thereof.
    4. Applicants assert that the recapture of the Credit amount in the
circumstances set forth in the application for 2006 Order would not
deprive an owner of his or her proportionate share of the issuer's

current net assets. An owner's interest in the Credit amounts allocated
to his or her 2006 New Contract within twelve months preceding the date
of death is not vested. Applicants argue that until the right to
recapture has expired and any Credit amount is vested, the Insurance
Companies retain the right and interest in the Credit amount, although
not in the earnings attributable to that amount. Therefore, when the
Insurance Companies recapture any Credit, they are merely retrieving
their own assets, and the owner has not been deprived of a
proportionate share of the applicable Account's assets because his or
her interest in the Credit amount has not vested.
    5. Applicants submit that the recapture of Credit amounts within
twelve months preceding the date of death is designed to provide the
Insurance Companies with a measure of protection against anti-
selection. The anti-selection risk is that an owner can collect a
Credit shortly before death thereby leaving the Insurance Companies
little time to recover the cost of the Credit. As noted earlier, the
amounts recaptured equal the Credits provided by the Insurance
Companies from their general account assets, and any gain would remain
a part of the owner's contract value.
    6. Section 22(c) of the 1940 Act authorizes the Commission to make
rules and regulations applicable to registered investment companies and
to principal underwriters of, and dealers in, the redeemable securities
of any registered investment company to accomplish the same purposes as
contemplated by Section 22(a). Rule 22c-1 thereunder prohibits a
registered investment company issuing any redeemable security, a person
designated in such issuer's prospectus as authorized to consummate
transactions in any such security, and a principal underwriter of, or
dealer in, such security, from selling, redeeming, or repurchasing any
such security except at a price based on the current net asset value of
such security which is next computed after receipt of a tender of such
security for redemption or of an order to purchase or sell such
security.
    7. The Insurance Companies' recapture of the Credit might arguably
be viewed as resulting in the redemption of redeemable securities for a
price other than one based on the current net asset value of the
Accounts. Applicants contend, however, that the recapture of the Credit
does not violate Section 22(c) and Rule 22c-1. The recapture of the
Credit does not involve either of the evils that Rule 22c-1 was
intended to eliminate or reduce as far as reasonably practicable,
namely: (i) The dilution of the value of outstanding redeemable
securities of registered investment companies through their sale at a
price below net asset value or redemption or repurchase at a price
above it, and (ii) other unfair results, including speculative trading
practices.
    8. Applicants assert that the proposed recapture of the Credit does
not pose such a threat of dilution. To effect a recapture of a Credit,
the Insurance Companies will redeem interests in an owner's account at
a price determined on the basis of the current net asset value of that
account. The amount recaptured will equal the amount of the Credit that
the Insurance Companies paid out of their general account assets.
Although the owner will be entitled to retain any investment gain
attributable to the Credit, the amount of that gain will be determined
on the basis of the current net asset value of the Account. Therefore,
no dilution will occur upon the recapture of the Credit. Applicants
also submit that the second harm that Rule 22c-1 was designed to
address, namely speculative trading practices calculated to take
advantage of backward pricing, will not occur as a result of the
recapture of the Credit.
    9. For the foregoing reasons, Applicants submit that the provisions
for recapture of any Credit applied within twelve months preceding the
date of death that results in any death benefit payment under the 2006
New Contracts does not and will not violate Sections 2(a)(32), 22(c)
and 27(i)(2)(A) of the 1940 Act and Rule 22c-1 thereunder, and that the
requested relief therefrom is consistent with the exemptive relief
provided under the Existing Orders.

Conclusion

    Applicants submit, based on the grounds summarized above, that
their exemptive requests meet the standards set out in Section 6(c) of
the 1940 Act, namely, that the exemptions requested are necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the 1940, and that, therefore, an amended order should be
granted.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-15298 Filed 9-14-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Proposed Rules]
[Pages 12530-12532]
[FR Doc No: 2019-06275]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0690; Product Identifier 2018-CE-022-AD]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.

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

SUMMARY: We are revising an earlier proposal for certain Gulfstream
Aerospace Corporation (Gulfstream) Model G-IV and Model GIV-X
airplanes. This action revises the notice of proposed rulemaking (NPRM)
by proposing to require a later revision of the service information to
update the life limits and inspection requirements in the airworthiness
limitations section (ALS) of the aircraft maintenance manual (AMM). We
are proposing this airworthiness directive (AD) to address the unsafe
condition on these products. Since these actions would impose an
additional burden over those in the NPRM, we are reopening the comment
period to allow the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal
Register on August 2, 2018 (83 FR 37771), is reopened.
    We must receive comments on this SNPRM by May 17, 2019.

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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this SNPRM, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402-2206; telephone:<PHONE_NUMBER>; fax: 912-
965-3520; email: [email protected]; Internet: http://www.gulfstream.com/product-support/technical-publications. You may view
this service information at the FAA, Policy and Innovation Division,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating FAA-2018-0690; or in
person at Docket Operations between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this SNPRM, the
regulatory evaluation, any comments received, and other information.
The street address for Docket Operations (phone:<PHONE_NUMBER>) is
listed above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Ronald ``Ron'' Wissing, Airframe
Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park,
Georgia 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; 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-2018-0690;
Product Identifier 2018-CE-022-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this SNPRM. We will consider all
comments received by the closing date and may amend this SNPRM 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 SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain serial-numbered Gulfstream Model G-IV and Model
GIV-X airplanes. The NPRM published in the Federal Register on August
2, 2018 (83 FR 37771). The NPRM was prompted by a revision to the ALS
of the AMM based on fatigue and damage tolerance (FTD) testing and
updated

analysis. The NPRM proposed to require revising the ALS in the AMM to
incorporate new inspections and life limits contained in Gulfstream
Document No. GIV-GER-0008, Summary of Changes to the GIV Series and
GIV-X Series Airworthiness Limitations, Revision B, dated March 12,
2018.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, Gulfstream updated the life limits in the
ALS and issued Gulfstream Document No. GIV-GER-0008, Summary of Changes
to the GIV Series and GIV-X Series Airworthiness Limitations, Revision
D, dated August 20, 2018. Revision D differs from Revision B in that
the part number (P/N) for the rudder for Model GIV airplanes has been
corrected to reflect P/N 1159CS30004, and new life limits for fuselage
cockpit side post P/N 1159BM50025-5 and P/N 1159BM50025-6 have been
added per Revision C. Since incorporating Revision D instead of
Revision B would impose an additional burden over those in the NPRM, we
are reopening the comment period to allow the public the chance to
comment on these changes.

Comments

    We gave the public the opportunity to comment on the NPRM. The
following presents the comment received on the NPRM and the FAA's
response to the comment.

Request To Withdraw the NPRM

    An anonymous commenter indicated that the NPRM is unnecessary. The
commenter stated the proposed requirements have already been
incorporated into the manufacturer's inspection program through a
revision to the AMM, Chapter 5. According to the commenter, the
original equipment manufacturer (OEM) publishes revisions to the AMM on
a CDROM or electronically through the OEM's website; therefore, it
would not be possible for the mechanic responsible for signing off on
the AD to physically revise Chapter 5 of the AMM as required by the
NPRM. The commenter noted the FAA's estimated cost of compliance and
stated that the NPRM does not increase safety, but rather it increases
paperwork. We infer that the commenter wanted the NPRM withdrawn.
    We do not agree. In accordance with 14 CFR 39.5, the FAA issues an
AD addressing a product when we find that: (a) An unsafe condition
exists in the product; and (b) the condition is likely to exist or
develop in other products of the same type design. We will issue an AD
if a revision to the AMM ALS addresses an unsafe condition, i.e., more
restrictive inspection intervals, altered non-destructive test (NDT)
inspection requirements, and reduced life limits.
    While Gulfstream operators may incorporate revisions to the AMM
into their maintenance program, not all operators are required to do
so. In order for the new life limits in Gulfstream Document No. GIV-
GER-0008, Summary of Changes to the GIV Series and GIV-X Series
Airworthiness Limitations, Revision D, dated August 20, 2018, to become
mandatory, and to correct the unsafe condition identified in the NPRM,
the FAA must require the changes by AD action.

Related Service Information Under 1 CFR Part 51

    We reviewed Gulfstream Document No. GIV-GER-0008, Summary of
Changes to the GIV Series and GIV-X Series Airworthiness Limitations,
Revision D, dated August 20, 2018. The service information describes
more restrictive inspection intervals or altered NDT inspection
requirements and updated life limits that address fatigue cracking of
the principal structural elements (PSEs). Revision D of this service
information differs from previous revisions in that it corrects the P/N
for the rudder for Model GIV airplanes to reflect rudder P/N
1159CS30004 and adds new life limits for fuselage cockpit side post P/N
1159BM50025-5 and P/N 1159BM50025-6. 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.
Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require revising the ALS of the AMM, Chapter 5
Life Limited Components and Chapter 6 PSE Inspections Intervals, to
incorporate new inspections and life limits based on FTD testing and
updated analysis.

Costs of Compliance

    We estimate that this proposed AD affects 711 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Revise ALS and AMM................  20 work-hour x $85     Not applicable.......          $1,700      $1,208,700
                                     per hour = $1,700.
----------------------------------------------------------------------------------------------------------------

    The extent of damage found during the proposed inspection may vary
from airplane to airplane. We have no way of determining the number of
airplanes that might need repairs or the cost of such repairs for each
airplane.

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 small airplanes, gliders, balloons, airships, domestic
business jet transport airplanes, and associated appliances to the
Director of the Policy and Innovation 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):

Gulfstream Aerospace Corporation: Docket No. FAA-2018-0690; Product
Identifier 2018-CE-022-AD.

(a) Comments Due Date

    We must receive comments by May 17, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Gulfstream Aerospace Corporation Model G-IV
airplanes, certificated in any category, serial numbers 1000 through
1535; and Model GIV-X airplanes, certificated in any category,
serial numbers 4001 through 4363.
    Note 1 to paragraph (c) of this AD: Model G-IV airplanes are
also referred to by the marketing designations G300 and G400. Model
GIV-X airplanes are also referred to by the marketing designations
G350 and G450.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 27, Flight Controls; 32, Landing Gear; 52,
Doors; 53, Fuselage; 55, Stabilizers; 57, Wings; 71, Power Plant-
General; and 78, Engine Exhaust.

(e) Unsafe Condition

    This AD was prompted by a revision to the airworthiness
limitations section (ALS) of the Model G-IV and Model GIV-X aircraft
maintenance manuals based on fatigue and damage tolerance testing
and updated analysis. We are issuing this AD to detect and correct
fatigue cracking of principal structural elements (PSEs). This
unsafe condition, if unaddressed, could result in reduced structural
integrity of a PSE or critical component and lead to loss of control
of the airplane.

(f) Compliance

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

(g) Airplane Maintenance Manual Revisions

    Within 12 months after the effective date of this AD, revise the
ALS of your maintenance or inspection program (e.g., maintenance
manual) to incorporate the airworthiness limitations specified in
Gulfstream Document No. GIV-GER-0008, Summary of Changes to the GIV
Series and GIV-X Series Airworthiness Limitations, Revision D, dated
August 20, 2018, as applicable to your model and serial number
airplane.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program (e.g., maintenance
manual) has been revised as required by paragraph (g) of this AD, no
alternative inspections or intervals may be used unless approved as
an alternative method of compliance in accordance with the
procedures specified in paragraph (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta 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 (j)(1) of this AD.
    (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.

(j) Related Information

    (1) For more information about this AD, contact Ronald ``Ron''
Wissing, Airframe Engineer, Atlanta ACO Branch, FAA, 1701 Columbia
Avenue, College Park, Georgia 30337; phone:<PHONE_NUMBER>; fax: 404-
474-5606; email: [email protected].
    (2) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, P.O. Box 2206, Savannah, Georgia
31402-2206; telephone:<PHONE_NUMBER>; fax<PHONE_NUMBER>; email:
[email protected]; Internet: http://www.gulfstream.com/product-support/technical-publications. You may view this referenced service
information at the FAA, Policy and Innovation Division, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on March 25, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation
Division, AIR-601
[FR Doc. 2019-06275 Filed 4-1-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Notices]
[Page 52081]
[FR Doc No: 2015-21184]

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

Federal Aviation Administration

Third Meeting: RTCA Special Committee 233 (SC 233) Addressing
Human Factors/Pilot Interface Issues for Avionics

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

ACTION: Third Meeting Notice of RTCA Special Committee 233.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
third meeting of the RTCA Special Committee 233.

DATES: The meeting will be held September 15th-17th from 8:00 a.m.-4:30
p.m.

ADDRESSES: The meeting will be held at RTCA Headquarters, 1150 18th
Street NW., Suite 910, Washington, DC 20036, Tel:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC, 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org or
Jennifer Iversen, Program Director, RTCA, Inc<EMAIL_ADDRESS>
(202) 330-0662.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the RTCA Special Committee 233. The
agenda will include the following:

Tuesday, September 15, 2015 (8:00 a.m.-4:30 p.m.)

1. Introduction, Upcoming PMC Dates, Minutes from Last Meeting
2. Rotorcraft Directorate Test Pilot Evaluations
3. Outline Discussion
4. Subcommittee Out-brief
5. Subcommittee Initial Breakout Session
6. Planning for Next Meeting

Wednesday, September 16, 2015 (8:00 a.m.-4:30 p.m.)

1. Subcommittee Breakout Sessions
2. Subcommittee Breakout Sessions
3. Subcommittee Out-brief

Thursday, September 17, 2015 (8:00 a.m.-2:00 p.m.)

1. Leadership Team Wrap-up/Discussion on Outline Content
2. Subcommittee Assignments
3. Meeting Recap, Action Items, Key Dates
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on August 19, 2015.
Latasha Robinson,
Management & Program Analyst, Next Generation, Enterprise Support
Services Division, Federal Aviation Administration.
[FR Doc. 2015-21184 Filed 8-26-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46793-46796]
[FR Doc No: 2014-18897]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF13-4-000]

Gulf LNG Liquefaction Company, LLC, Gulf LNG Energy, LLC, Gulf
LNG Pipeline, LLC; Notice of Intent To Prepare an Environmental Impact
Statement for the Planned Gulf LNG Liquefaction Project, Request for
Comments on Environmental Issues, and Notice of Public Scoping Meeting

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will identify and address the environmental impacts that could result
from the construction and operation of the Gulf LNG Liquefaction
Project (Project) planned by Gulf LNG Liquefaction Company, LLC, Gulf
LNG Energy, LLC, and Gulf LNG Pipeline, LLC (collectively GLLC). The
Commission will use this EIS in its decision-making process to
determine whether the Project is in the public interest.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the Project. Your input will help the Commission staff
determine what issues they need to evaluate in the EIS. Please note
that the scoping period will close on September 1, 2014.
    You may submit comments in written form or verbally. Further
details on how to submit written comments are in the Public
Participation section of this notice. In lieu of or in addition to
sending written comments, the Commission invites you to attend the
public scoping meeting scheduled as follows: FERC Public Scoping
Meeting, Gulf LNG Liquefaction Project, August 18, 2014, 6:00-8:00
p.m., Pelican Landing Convention Center, 6217 Mississippi Highway 613,
Moss Point, MS 39563,<PHONE_NUMBER>.
    This public meeting is designed to provide you with more detailed
information and another opportunity to offer your comments on the
Project. GLLC representatives will be present one hour before the
meeting (starting at 5:00 p.m.) to describe the Project, present maps,
and answer questions. Interested groups and individuals are encouraged
to attend the meeting and present comments on the issues they believe
should be addressed in the EIS. A transcript of the meeting will be
made so that your comments will be accurately recorded.
    This notice is being sent to the Commission's current environmental
mailing list for this Project. State and local government
representatives should notify their constituents of this planned
Project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the Project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically-asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings.

Summary of the Planned Project

    GLLC plans to expand the existing LNG import terminal in Jackson
County, Mississippi to enable the terminal to liquefy natural gas (LNG)
for export. The planned facility would have an export capacity of
approximately 10 million metric tons per year (MTPY). The Project would
use both the planned and existing facilities to liquefy domestic
natural gas delivered by an existing interstate natural gas pipeline.
The LNG

would be stored in the existing import facility LNG storage tanks, and
loaded and stored on LNG carriers at the existing marine berthing and
LNG transfer facility. The terminal would retain its capability to
import, store, regasify, and deliver natural gas into the existing
interstate natural gas pipeline system. GLLC is not planning to
increase the size or frequency of LNG carriers currently authorized to
call on the existing terminal. The Project would require minor
modifications to three existing Gulf LNG Interstate Pipeline
interconnections and metering stations. The general locations of
Project facilities are depicted in the figures included as Appendix 1
to this notice.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

    The Gulf LNG Liquefaction Project would include construction and
operation of the following key facilities:
     Two liquefaction trains, with each train including a feed
gas treatment unit, a heavy hydrocarbon removal unit, and a
liquefaction unit (with a maximum LNG production capacity of
approximately 5 million MTPY each);
     a new natural gas liquids (NGL) and refrigerant storage
area;
     a new truck loading/unloading facility to unload
refrigerants for transport to the storage area and to load NGLs
produced during the gas liquefaction process;
     new in-tank LNG loading pumps in the existing LNG storage
tanks to transfer LNG through the existing transfer lines to LNG
carriers;
     minor changes to the piping of the marine loading arms to
permit bi-directional flow;
     modifications to the existing metering stations at the
existing Gulfstream Pipeline Company and Destin Pipeline Company
interconnection facilities;
     modifications to the existing interconnection with the
pipeline owned by the Transcontinental Gas Pipe Line Company and
Florida Gas Transmission Company;
     modification of the existing surge protection sea wall to
enclose the expanded terminal;
     additional utility and support facilities; and
     a new dock designed to receive barges transporting large
equipment during construction.
    GLLC plans to initiate construction of the Project in June 2016 and
complete construction and initiate service of the first LNG
liquefaction train in the third quarter of 2019. GLLC plans to have the
second train constructed and operational by the second quarter of 2020.

Land Requirements for Construction

    The Gulf LNG Liquefaction Project would be constructed on and
adjacent to (north of) the existing Gulf LNG Terminal. The Project
would require about 193 acres for construction, including some land
within the existing Gulf LNG Terminal, and the use of previously
established offsite storage areas. After construction, GLLC would
maintain about 80 acres for operation of the Project, in addition to
the land currently occupied by the existing terminal. The remaining 75
acres of construction wareyards would be offsite of the existing
terminal and expansion area footprint due to space limitations. These
off-site workspace areas would be restored and allowed to revert to
their former uses.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity under section 7(c) of
the Natural Gas Act (NGA) for authorization to construct, install, and
operate LNG facilities and under Section 3(a) of the NGA to import or
export natural gas including LNG. NEPA also requires us \2\ to discover
and address concerns the public may have about proposals. This process
is referred to as ``scoping''. The main goal of the scoping process is
to focus our analysis in the EIS on the important environmental issues.
By this notice, the Commission requests public comments on the scope of
issues to be addressed in the EIS. We will consider all filed comments
during the preparation of the EIS.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EIS, we will discuss impacts that could occur as a result of
the construction and operation of the planned Gulf LNG Liquefaction
Project under the following general headings:
     Geology and soils;
     water resources;
     wetlands and vegetation;
     fish and wildlife;
     threatened and endangered species;
     land use, recreation, and visual resources;
     air quality and noise;
     cultural resources;
     socioeconomics;
     reliability and safety;
     engineering and design material; and
     cumulative environmental impacts.
    We will also evaluate possible alternatives to the planned Project
or portions of the Project in the EIS, and make recommendations on how
to lessen or avoid impacts on affected resources.
    Although no formal application has been filed by GLLC, we have
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage the early
involvement of interested stakeholders and to identify and resolve
issues before the FERC receives an application. As part of our pre-
filing review, we have begun to contact some federal and state agencies
to discuss their involvement in the scoping process and the preparation
of the EIS.
    The EIS will present our independent analysis of the issues. We
will publish and distribute the draft EIS for public comment. After the
comment period, we will consider all timely comments and revise the
document, as necessary, before issuing a final EIS. To ensure we have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section beginning
on page 6.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this Project to formally cooperate with us in the
preparation of the EIS.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice. Currently, the U.S. Department of Energy, the U.S. Department
of Transportation, and the U.S. Coast Guard have agreed to participate
as cooperating agencies in the preparation of the EIS to satisfy their
NEPA responsibilities related to this Project.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this

notice to initiate consultation with the Office of the Mississippi
Department of Archives and History, which has been given the role of
State Historic Preservation Office (SHPO), and to solicit its views and
those of other government agencies, interested Indian tribes, and the
public on the Project's potential effects on historic properties.\4\ We
will define the Project-specific Area of Potential Effects in
consultation with the SHPO as the Project develops. On natural gas
facility projects, the Area of Potential Effects at a minimum
encompasses all areas subject to ground disturbance (examples include
contractor/pipe storage yards and access roads). Our EIS for the
Project will document our findings on the impacts on historic
properties and summarize the status of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
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Currently Identified Environmental Issues

    We have already identified many issues that we think deserve
attention based on a preliminary review of the Project site and
facilities and information provided by GLLC. The following preliminary
list of key issues is not all inclusive and may be changed based on
your comments and our analysis:
     Evaluation of temporary and permanent impacts on wetlands
and the development of appropriate mitigation;
     potential impacts to fish and wildlife habitat, including
potential impacts to federally and state-listed threatened and
endangered species;
     potential visual effects of the aboveground facilities on
surrounding areas;
     potential impacts and potential benefits of construction
workforce on local housing, infrastructure, public services,
transportation, and economy;
     impacts on air quality and noise associated with
construction and operation of the Project; and
     public safety and hazards associated with the transport of
natural gas and LNG.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the Project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before
September 1, 2014. This is not your only public input opportunity;
please refer to the Environmental Review Process flow chart in Appendix
2.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
Project Docket No. (PF13-4-000) with your submission. The Commission
encourages electronic filing of comments and has expert staff available
to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature located on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. This is an easy method for interested
persons to submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature located on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments with a mailing address on the Project. We will update the
environmental mailing list as the analysis proceeds to ensure that we
send the information related to this environmental review to all
individuals, organizations, and government entities interested in and/
or potentially affected by the planned Project.
    Copies of the completed draft EIS will be sent to the environmental
mailing list for public review and comment. If you would prefer to
receive a paper copy of the document instead of the CD version or would
like to remove your name from the mailing list, please return the
attached Information Request (Appendix 3).

Becoming an Intervenor

    Once GLLC files its application with the Commission, you may want
to become an ``intervenor,'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site. Please note that the Commission will not accept requests for
intervenor status at this time. You must wait until the Commission
receives a formal application for the planned Project.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the docket no. field (i.e., enter
PF13-4). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Public meetings or site visits will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.
    In addition, GLLC has also created a Project-specific Internet Web
site at http://GulfLNG.kindermorgan.com. This Web site contains a
description of the Project, information for landowners, Project
updates, and other types of useful information. This Web site will be
updated as the review of the Project proceeds. You can also request
additional information or provide comments directly to GLLC at 1-800-
622-4481 or email<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-18897 Filed 8-8-14; 8:45 am]
BILLING CODE 6717-01-P