Page 1 of 9 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES February 14, 2002 MEMORANDUM SUBJECT: Propionic Acid. HED Science Assessment for Tolerance Reassessment Eligibility Decision. PC Code 077702. DP Barcode D279285.

FROM: Christina Jarvis, Environmental Protection Specialist Reregistration Branch II Health Effects Division ( 7509C)

THROUGH: Alan Nielsen, Branch Senior Scientist Reregistration Branch II Health Effects Division ( 7509C)

TO: Joseph Nevola, Chemical Review Manager Special Review Branch Special Review and Reregistration Division ( 7508W)

Attached is the tolerance reassessment decision document for propionic acid, prepared by the Health Effects Division ( HED). This decision document updates the tolerance exemptions for propionic acid issued by the EPA in May, 1984, based on a review of the toxicology database and available information on propionic acid. In summary, HED concludes that propionic acid and its sodium and calcium salts are exempt from all tolerance requirements when used as an active ingredient and/ or as inert ingredients. Furthermore, a FQPA safety factor analysis is not required for propionic acid. Page 2 of 9 1.0 EXECUTIVE SUMMARY 1.1 Background Information and Statement of Purpose The Reregistration Eligibility Decision ( RED) Document for propionic acid ( PC Code 077702) was completed in September 1991 and concluded that all products containing propionic acid as the active ingredient were eligible for reregistration. However, since the RED was issued prior to the passage of the Food Quality Protection Act ( FQPA) of 1996, a tolerance reassessment eligibility decision, or TRED, is now required by the Agency for propionic acid. This document addresses possible exposures to residues of propionic acid in food, drinking water, and from residential sources as pursuant to FQPA, and makes a conclusion on the tolerance reassessment of propionic acid.

1.2 Regulatory History Active Ingredient Status Propionic acid was first registered for pesticidal use in the early 1970' s. As an active ingredient, it is formulated into products that control fungi and bacteria in stored grains, hay, storage areas for silage and grains, poultry litter, and poultry and livestock drinking water.

Calcium and sodium propionate ( salts of propionic acid) are not currently registered for use as pesticide active ingredients. The tolerance exemptions that were established for calcium and sodium propionate in 40 CFR 180.2( a) and 40 CFR 180.1015 have been revoked.

Inert Status Propionic acid, calcium propionate, and sodium propionate may be found as inert ingredients in various pesticide formulations. An inert ingredient is defined by the Agency as " any ingredient in the product that is not intended to affect a target pest." The law does not require inert ingredients, or " other ingredients," to be identified by name and percentage on the label, but the total percentage of such ingredients must be declared.

Propionic acid and sodium propionate are both identified on the Agency's " List 4B" of inert ingredients. Inert ingredients listed on List 4B have sufficient data to substantiate they can be used safely in pesticide products. When an inert reaches List 4B, no further regulatory action is anticipated.

Calcium propionate is identified on the Agency's " List 3" of inert ingredients, meaning that it is of " unknown toxicity." While the Agency has reclassified many List 3 inerts as List 4B inerts, it is uncertain whether or not calcium propionate is one of these inerts. The Office of Pesticide Program's Inerts Workgroup recommends that calcium propionate be classified as a List 4B inert ingredient. Page 3 of 9 Affirmation as GRAS In May 1984, propionic acid, calcium propionate, and sodium propionate were affirmed as Generally Recognized As Safe ( GRAS) by the Food and Drug Administration ( FDA) for use as direct food additives ( i. e., as chemical preservatives and antimicrobial agents in food). The specifications for the affirmation of propionic acid, calcium propionate, and sodium propionate as GRAS chemicals are listed in 21 CFR 184.1081, 184.1221, and 184.1784, respectively, and can be summarized as follows: " The ingredient is used in food with no limitation other than current good manufacturing practice."

Tolerance Exemptions The following tolerance exemptions for propionic acid are listed in 40 CFR 180.1023:

1. Residues in/ on the following raw agricultural commodities following postharvest application ( as a fungicide): alfalfa, barley grain, Bermuda grass, bluegrass, brome grass, clover, corn grain, cowpea hay, fescue, lespedeza, lupines, oat grain, orchard grass, peanut hay, peavine hay, rye grass, sorghum grain, soybean hay, sudan grass, timothy, vetch, and wheat grain.

2. Residues in/ on meat and meat byproducts of cattle, sheep, hogs, goats, horses, and poultry, milk, and eggs when applied as a bactericide/ fungicide to livestock drinking water, poultry litter, and storage areas for silage and grain.

3. Residues in/ on the following raw agricultural commodities following postharvest application ( as a fungicide): cottonseed, peanuts, rice grain, and soybeans.

Propionic acid is also exempt from the requirement for a tolerance when used in accordance with good agricultural practice as inert ( or occasionally active) ingredients in pesticide formulations applied to growing crops or to raw agricultural commodities after harvest as described in 40 CFR 180.1001( c).

1.3 Use Profile Active Ingredient Uses Propionic acid is a fungicide and bactericide registered to control fungi and bacteria in stored grains, hay, grain storage areas, poultry litter, and drinking water for livestock and poultry. A search of REFS on 11/ 07/ 01 shows propionic acid is formulated as a soluble concentrate ( 10 percent a. i. to 70.5 percent a. i.), ready to use solution ( 39.2 percent a. i. to 100 percent a. i.), and as a granular ( one formulation; 15 percent a. i.). The Agency notes that REFS incorrectly lists Page 4 of 9 EPA Reg. No. 53824 2 ( P 7 Grain Preservative) as a granular formulation. A review of the P 7 Grain Preservative label shows that it is actually a liquid. The are currently 17 active products containing propionic acid.

Labels state that propionic acid may be applied using a low pressure spray system equipped with adequately arranged and calibrated nozzles to provide the desired coverage to grain as it is moved into storage, or to hay just prior to baling and stacking. For use on poultry litter, it is diluted with water and applied to the surface of the litter as a spray. For grain storage areas ( silos), it is diluted with water and applied to the surfaces of the storage areas as a spray. Propionic acid is poured directly into drinking water for livestock and poultry. Other application methods may include low and high pressure hand wands, and a backpack sprayer.

Application rates of propionic acid depend on the moisture content of the grain at the time it is placed in storage, and also vary depending on whether the grains are in " open" storage or " closed" storage. A review of the 17 current propionic acid labels shows that application rates range from 1.25 lb ai/ gallon ( approximately 6 lbs. ai/ ton of grain) to 8.28 lb ai/ gallon ( approximately 31 lbs. ai/ ton of grain).

Other Uses ( including use as a direct food additive)

Naturally occurring propionic acid is consumed by humans in animal and dairy products, such as butter and cheese ( swiss cheese may contain as much as one percent propionic acid). Propionic acid and its salts are also consumed as added ingredients in other foods. For example, propionic acid and its salts may be used as chemical preservatives in jams, jellies, and jelly filled baked goods, and as antimicrobial agents in cheese and bread. When used as a direct food additive, propionic acid and its salts are " generally recognized as safe" for human consumption ( 21 CFR 184.1081, 184.1221, and 184.1784). Propionic acid is also a normal component of metabolism in the human body. Page 5 of 9 2.0 PHYSICAL/ CHEMICAL PROPERTIES SUMMARY Chemical Name: Propionic Acid Chemical Structure:

Empirical Formula: CH 3 CH 2 COOH Molecular Weight: 74.08 Boiling Point ( oC): 140.7 Melting Point ( oC):  21.5 Vapor Pressure: 3 mm Hg at 20oC P ow: 2.1 CAS Number: 79 09 4 PC Code: 077702 Propionic acid is a colorless, oily liquid at room temperature with a rancid, pungent odor. It is completely soluble in water, ethanol, chloroform, and diethyl ether. Propionic acid occurs naturally in animals and in dairy products in small amounts.

3.0 HAZARD CHARACTERIZATION At the time that the propionic acid RED was completed in 1991, the toxicological database was determined to be adequate for the purposes of supporting reregistration eligibility, and no further toxicity data on propionic acid were required by the Agency. A comprehensive open literature search, conducted from 1991 ( the date of the RED) to the present and including databases such as Medline and Toxline, has not revealed any new studies on propionic acid that would alter the toxicological conclusions of the RED. A search of the Pesticide Data Management System ( PDMS) conducted in April, 2001 has also not revealed any new toxicity studies that would have a significant impact on the toxicological findings for propionic acid. Therefore, the Agency concludes that the toxicology determinations made in the propionic acid RED ( September 1991) are still valid. A summary of these toxicology findings is presented below:

3.1. Hazard Profile 3.1.1 Acute Toxicity Technical propionic acid is of moderate to low acute toxicity via the oral, dermal, and inhalation routes of exposure ( toxicity category of III), and is not a skin sensitizer. However, propionic acid is acutely toxic in eye and dermal irritation tests ( toxicity category 1). Page 6 of 9 3.1.2 Subchronic Toxicity No subchronic toxicity data are available on propionic acid itself; however, data on calcium and sodium propionate can be used to assess subchronic toxicity. Rats fed calcium or sodium propionate at one percent of the diet ( equivalent to 750 mg/ kg/ day of propionic acid) for four weeks followed by three percent ( equivalent to 1200 mg/ kg/ day of propionic acid) for three weeks showed no changes in weight gain compared to the controls. Rats fed five percent propionic acid in the diet ( approximately 5000 mg/ kg body weight) for 110 days developed lesions of the forestomach.

Propionic acid was given in the feed to dogs at 220, 735, or 2066 mg/ kg/ day for 90 days. The high dose dogs showed reduced food consumption, increased incidence of epithelial hyperplasia in the esophagus, and increased nitrite in the urine. These effects were no longer present in dogs held for a six week recovery period. A limited study with calcium propionate in dogs for 90 days showed vomiting and diarrhea in animals fed 2523 mg/ kg/ day.

It is noted that when a human adult male was fed 6.0 grams sodium propionate a day, the only effect noted was slightly alkaline urine.

3.1.3 Chronic Toxicity, Reproduction, and Teratology Twenty male rats per group were fed four percent propionic acid in the diet for two years. The highest dose animals had hyperplasia and hyperplastic ulcers in the forestomach. Available data on calcium and sodium propionate indicate the following:

° Rats fed bread containing sodium propionate ( 4000 mg/ kg/ day) for a year showed no adverse effects, nor did rats fed a similar diet for 32 weeks, other than an initial depression of growth.

° No maternal or fetal effects were seen upon feeding calcium propionate to pregnant animals at rates up to 300 mg/ kg/ day for rats and mice, or up to 400 mg/ kg/ day for hamsters and rabbits.

° No teratogenicity was found in developing chick embryos when up to 100 mg/ kg calcium propionate was injected into the yolk or air cell, although there was increased mortality at 5 and 10 mg/ kg.

3.1.4 Mutagenicity Propionic acid gave negative results in mutagencity assays in five strains of S. typhimurium and one strain of S. cerevisiae, with and without activation.

Additional data on calcium and sodium propionate indicated that both tested negative for mutagenicity in S. typhimurium and S. cerevisiae.

3.1.5 Metabolism Page 7 of 9 Propionic acid is rapidly absorbed from the mammalian gastrointestinal tract. Propionic acid is a normal intermediary metabolite in the body. It is utilized by most organs and tissues, and can be metabolized to glucose, carbohydrates, amino acids, and lipids. It is produced in large quantities in ruminants, and is one of the metabolic products from the breakdown of several amino acids in nonruminants. Propionic acid is formed in the oxidation of fatty acids and from the side chain of cholesterol.

3.2 FQPA Considerations Based on a review of available toxicology data, and based on general knowledge of propionic acid, HED concludes that a FQPA safety factor analysis for propionic acid is not required. Propionic acid is of very low acute toxicity via the oral, dermal, and inhalation routes of exposure. The toxicology database is complete, and no data gaps have been identified. There are no indications of special sensitivity of infants or children resulting from exposure to propionic acid. HED's review of propionic acid reaffirms the FDA GRAS designation.

3.3 Dose Response Assessment Toxicity endpoints for use in risk assessment have not been established for propionic acid, due to its low toxicity.

4.0 EXPOSURE ASSESSMENT 4.1 Dietary Exposure Products containing propionic acid are registered for use as fungicides and bactericides on stored grains, hay, grain storage areas, poultry litter, and drinking water for livestock and poultry. Propionic acid is exempt from tolerances following postharvest application ( as a fungicide) on the following: alfalfa, barley grain, Bermuda grass, bluegrass, brome grass, clover, corn grain, cottonseed, cowpea hay, fescue, lespedeza, lupines, oat grain, orchard grass, peanuts, peanut hay, peavine hay, rice grain, rye grass, sorghum grain, soybean hay, soybeans, sudan grass, timothy, vetch, and wheat grain. Tolerance exemptions are also in place for residues of propionic acid in/ on meat and meat byproducts of cattle, sheep, hogs, goats, horses, and poultry, milk, and eggs when applied as a bactericide/ fungicide to livestock.

Propionic acid and its salts are also added directly to food as chemical preservatives and antimicrobial agents. For example, propionic acid and its salts may be added to jam and jellyfilled baked goods ( such as doughnuts), pizza crust, various cheeses, and breads. The use of propionic acid, calcium propionate, and sodium propionate as direct food additives is affirmed by the FDA as " generally recognized as safe." Dairy products ( such as milk and cheese) may also contain propionic acid as a naturally occurring component.

Since residues from the pesticidal use of propionic acid are considered negligible, the likelihood of Page 8 of 9 any significant dietary exposure to humans is very low. Potential exposure and risk from the use of propionic acid as a direct food additive is also considered to be very low. This conclusion is strengthened by the presence of propionic acid as a normal component of metabolism in the human body, and because propionic acid is a naturally occurring component in dairy products such as butter and cheese.

When considered together, these facts all support HED's conclusion that dietary exposure and dietary risk to propionic acid is extremely low. A dietary risk assessment has not been conducted and is not required.

4.2 Drinking Water Exposure Environmental fate data requirements for propionic acid have been waived based on its labeled use pattern. Information on environmental fate was found in previous reviews conducted by the Environmental Fate and Effects Division ( EFED) and in open literature. In summary, biodegradation of propionic acid is likely to be the most important degradation pathway in aerobic soil and water. Propionic acid is used as a carbon source by microbes which rapidly mineralize to the metabolic products of carbon dioxide and water. Propionic acid is expected to be highly mobile in soil.

EFED has conducted a review of propionic acid ( both as an active ingredient and as an inert ingredient) to determine potential concentrations in drinking water. Based on its review, EFED has concluded that propionic acid drinking water concentrations as a result of its use as an active ingredient are expected to be negligible.

EFED believes that propionic acid exposures in drinking water will be driven more by its use as an inert ingredient than by its use as an active ingredient. Concentrations of propionic acid in drinking water, when applied as an inert ingredient, were calculated using screening level modeling ( FIRST and SCI GROW). Estimated concentrations are as follows: 92 ppb ( acute) and 6 ppb ( chronic) in surface water, and 1.3 ppb ( acute and chronic) in ground water. It is important to note that these these concentrations are based on a number of uncertainties, such as an assumed maximum application rate of 1 lb ai/ acre and limited fate data. Since HED does not have any information on what products are formulated with propionic acid as an inert ingredient, or the actual rate at which propionic acid is applied as an inert ingredient. Therefore, no further analysis has been conducted.

4.3 Non Occupational ( Residential) Exposure Propionic acid is not registered for any non occupational ( residential) uses. Post application exposure of homeowners to residues of propionic acid is also not expected to occur, as propionic acid is used mainly on stored grains and in grain storage areas. Due to the use pattern of propionic acid, exposure from spray drift is also not expected to be of concern. Therefore, nonoccupational exposure was not considered in this tolerance reassessment. Page 9 of 9 5.0 CONCLUSIONS Based on its low toxicity, limited use pattern, and affirmation as a GRAS chemical when used as a food additive, propionic acid is not expected to result in any adverse health effects via the food, drinking water, or residential exposure pathways. There is a possibility of eye and skin irritation to occupational handlers; this was mitigated through the reregistration process, on a product byproduct basis, by the requirement for personal protective equipment on existing propionic acid labels. A review of the toxicology database, with an emphasis on sensitivity of infants and children, shows no significant findings since the date of the original propionic acid RED from 1991. HED concludes that a FQPA safety factor analysis is not required for propionic acid. Propionic acid, calcium propionate, and sodium propionate will be exempt from all tolerance requirements.

The Agency notes that propionic acid and its calcium and sodium salts are included on the Agency's list of chemicals included in the High Production Volume ( HPV) Challenge Program. HPV chemicals are those that are manufactured or imported into the United States in volumes greater than one million pounds per year. There are approximately 3,000 HPV chemicals that are produced or imported into the United States. The HPV Challenge Program is a voluntary partnership between industry, environmental groups, and the EPA which invites chemical manufacturers and importers to provide basic hazard data on the HPV chemicals they produce/ import. The goal of this program is to facilitate the public's right to know about the potential hazards of chemicals found in their environment, their homes, their workplace, and in consumer products.

The Agency has received at least one full commitment from a company or consortium to sponsor propionic acid and its calcium salt as part of the Agency's HPV Challenge Program. The sodium salt is not currently being sponsored; however, it is within the scope of the HPV Challenge Program and is currently available for sponsorship.

Based on toxicity data already submitted on propionic acid, and the completeness of the propionic acid toxicity data base ( including subchronic, chronic, reproduction, teratology, and mutagenicity studies), the Agency feels confident in proceeding with this tolerance reassessment decision. Any submission of data by current or future sponsors of propionic acid and its sodium and calcium salts as part of the HPV Challenge Program may, in the future, be used by the Office of Pesticide Programs to revise or update their tolerance reassessment decision for propionic acid and its sodium and calcium salts as deemed necessary and appropriate.


[Federal Register: October 21, 2008 (Volume 73, Number 204)]
[Notices]
[Page 62494-62495]
[DOCID:fr21oc08-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at Southwest Power Pool
Independent Coordinator of Transmission (ICT) Stakeholder Policy
Committee Meeting

October 14, 2008.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meeting noted below. Their
attendance is part of the Commission's ongoing outreach efforts.

ICT Stakeholder Policy Committee Meeting

October 29, 2008 (9 a.m.-3 p.m. CST),
Crown Plaza Houston North Greenspoint,
425 N. Sam Houston Parkway East,
Houston, TX 77060.
    The discussions may address matters at issue in the following
proceedings:

Docket No. EL07-52...........  Louisiana Public Service Commission v.
                                Entergy Services, Inc.
Docket No. OA07-32...........  Entergy Services, Inc.
Docket No. ER05-1065.........  Entergy Services, Inc.
Docket No. EL00-66...........  Louisiana Public Service Commission v.
                                Entergy
Docket No. EL05-15...........  Arkansas Electric Cooperative, Corp. v.
                                EntergyArkansas, Inc.
Docket No. ER08-844..........  Entergy Services, Inc.
Docket No. EL01-88...........  Louisiana Public Service Commission v.
                                Entergy
Docket No. ER03-583..........  Entergy Services, Inc.
Docket No. EL08-59...........  ConocoPhillips v. Entergy Services, Inc.
Docket No. EL08-60...........  Union Electric v. Entergy Services, Inc.
Docket No. OA08-92...........  Entergy Services, Inc.
Docket No. OA08-75...........  Entergy Services, Inc.
Docket No. ER07-1252.........  Entergy Services, Inc.
Docket No. ER08-774..........  Entergy Services, Inc.
Docket No. ER08-1006.........  Entergy Services, Inc.
Docket No. ER08-1056.........  Entergy Services, Inc.
Docket No. ER08-1057.........  Entergy Services, Inc.
Docket No. ER08-682..........  Entergy Services. Inc.
Docket No. EL08-72...........  NRG Energy, Inc. v. Entergy Services,
                                Inc.
Docket No. EL08-84...........  AEEC v. Entergy Services, Inc.
Docket No. ER08-513..........  Entergy Services, Inc.
Docket No. ER07-927..........  Entergy Services, Inc.
Docket No. OA08-149..........  Entergy Operating Companies
Docket No. ER08-767..........  Entergy Services, Inc.
Docket No. ER09-57...........  Entergy Services, Inc.
Docket No. ER09-58...........  Entergy Services, Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E8-24960 Filed 10-20-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Page 41970]
[FR Doc No: 2020-15023]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2299-082; Project No. 14581-002]

Turlock Irrigation District; Modesto Irrigation District; Notice
of Availability of the Final Environmental Impact Statement for the Don
Pedro and La Grange Projects

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the applications for new license for the Don Pedro Project
(FERC No. 2299) and for an original license for the La Grange Project
(FERC No. 14581) and has prepared a final environmental impact
statement (EIS) for the projects. The Don Pedro Project is located on
the Tuolumne River in Tuolumne County, California. It occupies 4,802
acres of federal land administered by the U.S. Department of Interior,
Bureau of Land Management. The La Grange Project is located on the
Tuolumne River immediately downstream of the Don Pedro Project in
Stanislaus and Tuolumne Counties, California. It occupies 14 acres of
federal land administered by BLM.
    The final EIS contains staff's evaluations of the applicant's
proposals and the alternatives for relicensing the Don Pedro Project
and licensing the La Grange Project. The final EIS documents the views
of governmental agencies, non-governmental organizations, affected
Indian tribes, the public, the license applicants, and Commission
staff.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.

    Dated: July 7, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15023 Filed 7-10-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47274-47276]
[FR Doc No: 2017-21846]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81801; File No. SR-FINRA-2017-030]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Review Charges for Communications
Filed With or Submitted to FINRA

October 3, 2017.
    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 September 26, 2017, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as ``establishing or changing a
due, fee or other charge'' under Section 19(b)(3)(A)(ii) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon receipt of this filing by the Commission. 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend Section 13 of Schedule A to the FINRA
By-Laws (``Section 13'') governing the review charges for
communications filed with or submitted to FINRA's Advertising
Regulation Department (the ``Department'') to account for upcoming
technological changes that will allow Web sites to be filed in native
format.
    Below is the text of the proposed rule change. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *

Schedule A to the By-Laws of the Corporation

* * * * *
Section 13--Review Charge for Communications Filed or Submitted
    There shall be a review charge for each and every communication,
whether in printed, video or other form, filed with or submitted to
FINRA, except for items that are filed or submitted in response to a
written request from FINRA's Advertising Regulation Department (``the
Department'') issued pursuant to the spot check procedures set forth in
FINRA rules, as follows: (1) For printed or Web site material reviewed,
$125.00, plus $10.00 for each printed page or Web page reviewed in
excess of 10 pages; and (2) for video or audio media, $125.00, plus
$10.00 per minute for each minute of tape reviewed in excess of 10
minutes.
    Where a member requests expedited review of material submitted to
the Department there shall be a review charge of $600.00 per item plus
$50.00 for each printed page or Web page reviewed in excess of 10
pages. Expedited review shall be completed within three business days,
not including the date the item is received by the Department, unless a
shorter or longer period is agreed to by the Department. The Department
may, in its sole discretion, refuse requests for expedited review.
* * * * *

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

    In its filing with the Commission, FINRA 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. FINRA 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
Background
    In April 2014, FINRA launched a retrospective review of its
communications with the public rules to assess their effectiveness and
efficiency. In December 2014, FINRA published a report on the
assessment phase of the review.\5\ The report concluded that, while the
rules have largely been effective in meeting their intended investor
protection objectives, the rules and FINRA's administration of them
could benefit from some updating to better align the investor
protection benefits and the economic impacts.
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    \5\ See Retrospective Rule Review Report, Communications with
the Public (December 2014), http://www.finra.org/sites/default/files/p602011.pdf.
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    To this end, the report recommended a combination of rule
proposals, guidance and administrative measures, including systems
upgrades, to enhance the effectiveness and efficiency of the rules with
no reduction in investor protection. Pursuant to these recommendations,
efforts have been underway to upgrade FINRA's Advertising Regulation
Electronic Files (``AREF'') System, a web-based application accessed
through the FINRA Firm Gateway that enables member firms to
electronically submit communications with the public for review by
FINRA's Advertising Regulation Department (``Department'').\6\
Currently, the AREF System accepts such submissions in a variety of
file formats for print (e.g., .doc, .rtf, .txt), video (e.g., .mov,
.mp4, .wmv), audio (e.g., .aif, .mp3, .wav) or other form (e.g., .pdf),
but not for Web site or Web page communications in their native format
(e.g., .html). Consequently, firms submitting Web site or Web page
communications through the AREF System must convert them from native
format to a format such as Portable Document Format (.pdf). This
conversion process can be burdensome, sometimes resulting in voluminous
.pdf pages. The impending upgrades to the AREF System will make the
submission of Web site or Web page communications more efficient by
including the capability to accept such communications in their native
format.\7\ Each web address, a Uniform Resource Locator or URL, would
be packaged within a compressed file format and submitted through the
AREF System, then reviewed by the Department in an offline state. FINRA
anticipates this upgraded AREF System capability to be operational by
the fourth quarter of 2017.
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    \6\ FINRA Firm Gateway is an online compliance tool that
provides consolidated access to FINRA applications and allows
members to submit required filings electronically to meet their
compliance and regulatory obligations.
    \7\ The upgrades to the AREF System would not impact the way in
which mobile applications are currently submitted in video format.
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Proposed Rule Change
    FINRA Rule 2210 (Communications with the Public) requires members
to file with the Department specified retail communications either 10
business days prior to use or within 10 business days of first use, as
applicable. For example, new members, for a period of one year
beginning on the date their FINRA membership becomes effective,
generally must file with the Department at least 10 business days prior
to first use, any retail communication that is published or used in any
electronic or other public media, including any generally accessible
Web site.\8\ As another example, all members generally must file within
10 business days of first use any retail communication, including a Web
site communication that promotes or recommends a specific registered
investment company or family of registered investment companies.\9\ The
Department evaluates these and other communications subject to filing
requirements or filed voluntarily by firms for compliance with
applicable rules of FINRA, the SEC, the Municipal Securities Rulemaking
Board and the Securities Investors Protection Corporation. Pursuant to
the content standards of Rule 2210, the Department helps to ensure that
all member firms' communications are based on principles of fair
dealing and good faith, are fair and balanced, and provide a sound
basis for evaluating the facts in regard to any particular security or
type of security, industry or service. Among other things, FINRA rules
prohibit member communications from including false, exaggerated,
unwarranted, or misleading statements or claims.
---------------------------------------------------------------------------

    \8\ See FINRA Rule 2210(c)(1).
    \9\ See FINRA Rule 2210(c)(3).
---------------------------------------------------------------------------

    Currently, Section 13 imposes a review charge for each
communication filed with or submitted to FINRA (except for items that
are filed or submitted in response to a written request from the
Department issued pursuant to the spot check procedures set forth in
Rules 2210(c)(6) and 2220(c)(3)). The rates charged are based on the
number of pages for printed material or the length of video or audio
media. In addition, there are surcharges for expedited review. The
proposed rule change would establish charges for submission of Web
sites and Web pages in native format, in anticipation of the upgraded
AREF System capabilities. It would establish rates of $125, plus $10
for each Web page reviewed in excess of 10 pages. The charges for
expedited reviews would be $600 per item plus $50 for each Web page
reviewed in excess of 10 pages. For the purposes of the charging
schedule, each distinct URL would be treated as a Web page. The
proposed rates mirror the current rates for printed material, which
would remain unchanged. Thus, the proposed rule change maintains parity
in charging, irrespective of the form of filing or submission. FINRA
notes that firms will not be obligated to file or submit Web site
communications in native format. They may continue to convert those
communications to a printed format and submit them at the unchanged
printed page rate if they find that method more efficient or
economical.
    FINRA has filed the proposed rule change for immediate
effectiveness. FINRA will announce the implementation date of the
proposed rule change in a Regulatory Notice.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(5) of the Act,\10\ which requires, among
other things, that FINRA rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that FINRA operates or
controls. FINRA believes that the proposed rule change is consistent
with Section 15A(b)(5) of the Act in that it will establish a
reasonable fee in conjunction with a technology upgrade that will
permit more efficient filing and submission of electronic
communications. Submission of communications in native format will be
voluntary, and the proposed fee is consistent with current charges for
communications submitted in other formats. Moreover, the proposed fee
is equitably allocated among all members

that file or submit communications to the Department for review.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change would
not impose any additional reporting requirements or costs on firms.
Members will not be obligated to submit communications in native format
and therefore may choose to continue to file or submit communications
as they do today, with the same attendant charges.
    To the extent that the conversion of Web site or Web page
communications from native format to another format were viewed as
burdensome among market participants, those participants will have the
option to submit such communications in native format, which would
permit members to mitigate any direct or indirect costs associated with
such conversion.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f)(2) of Rule 19b-4
thereunder.\12\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
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. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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_ADDRESS>Please include
File Number SR-FINRA-2017-030 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2017-030. 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 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 Web site 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 FINRA. 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-FINRA-2017-030, and should
be submitted on or before November 1, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-21846 Filed 10-10-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Rules and Regulations]
[Pages 46374-46377]
[FR Doc No: 2018-19744]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0765; Product Identifier 2018-NM-105-AD; Amendment
39-19379; AD 2018-17-25]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
reports of uncommanded motion of the flight control actuator. This AD
requires replacing certain rudder and elevator servocontrols with
serviceable

servocontrols. We are issuing this AD to address the unsafe condition
on these products.

DATES: This AD becomes effective September 28, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
28, 2018.
    We must receive comments on this AD by October 29, 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No:
2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 45 80; email [email protected]; internet
http://www.airbus.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-
0765.

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-
0765; 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 AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0145R3, dated July 24, 2018 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A350-941 and -1041
airplanes. The MCAI states:

    Two occurrences were reported of flight control actuator
uncommanded motion on Airbus A350 aeroplanes. Further investigations
performed by the servocontrol manufacturer (MOOG Aircraft Group)
revealed that both events were caused by foreign object debris
blocking a receiver port inside the Electro Hydraulic Servo Valve
(EHSV), which is a component fitted on the servocontrol. In both
cases, materials found in the EHSV first stage were consistent with
debris generated by rework activity during manufacturing process.
    This condition, if not corrected, could lead to an uncommanded
flight control actuator movement, or an unresponsive flight control
actuator while in active mode, possibly resulting in reduced control
of the aeroplane.
    To address this potential unsafe condition, Airbus issued the
AOT [Alert Operators Transmission A27P012-18], identifying the
affected parts and providing instructions to remove the affected
parts from service.
    For the reasons described above, EASA issued AD 2018-0145 (later
revised) to require replacement of the affected parts with
serviceable parts.
    Since EASA AD 2018-0145R2 was issued, it was determined that the
information concerning the markings on a servocontrol after in-shop
rework/modification (see Definitions, serviceable part) were not
entirely correct. This [EASA] AD is revised accordingly to make the
necessary correction.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0765.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Alert Operators Transmission A27P012-18, Rev
01, dated May 29, 2018, including Appendixes 1 through 6. This service
information describes procedures for replacing affected servocontrols
with serviceable servocontrols. 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

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

Requirements of This AD

    This AD requires accomplishing the actions specified in the service
information described previously.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
unsafe condition could lead to uncommanded flight control actuator
movement, or an unresponsive flight control actuator while in active
mode, possibly resulting in reduced controllability of the airplane.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2018-0765; Product
Identifier 2018-NM-105-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
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 AD.

Costs of Compliance

    We estimate that this AD affects 11 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 15 work-hours x $85 per hour =   Up to $548,876.........  Up to $550,151.........  Up to $6,051,661.
 $1,275.
----------------------------------------------------------------------------------------------------------------

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 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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2018-17-25 Airbus SAS: Amendment 39-19379; Docket No. FAA-2018-0765;
Product Identifier 2018-NM-105-AD.

 (a) Effective Date

    This AD becomes effective September 28, 2018.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, all manufacturer serial
numbers.

 (d) Subject

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

 (e) Reason

    This AD was prompted by reports of uncommanded motion of the
flight control actuator. We are issuing this AD to address blocked
receiver ports on certain servocontrols installed on the elevators
and rudders. This condition, if not corrected, could lead to an
uncommanded flight control actuator movement, or an unresponsive
flight control actuator while in active mode, possibly resulting in
reduced controllability of the airplane.

 (f) Compliance

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

 (g) Definitions

    For the purposes of this AD the following definitions apply:
    (1) Affected part: A servocontrol having a part number and
serial number specified in Appendix 2 of Airbus Alert Operators
Transmission (AOT) A27P012-18, Rev 01, dated May 2018.
    (2) Serviceable part: A servocontrol having a part number and
serial number not specified in Appendix 2 of Airbus Alert Operators
Transmission (AOT) A27P012-18, Rev 01, dated May 2018; or an
affected part that was reworked or modified in-shop and identified
by ``27-06'' (rudder servocontrol) or ``27-04'' (elevator
servocontrol) marked after the serial number of the servocontrol; or
an affected part that has been modified on the airplane by replacing
the servo module in accordance with the instructions of Airbus Alert
Operators Transmission (AOT) A27P012-18, Rev 01, dated May 2018,
including Appendixes 2 through 6.
    (3) Groups: Group 1 airplanes have any affected part installed.
Group 2 airplanes do not have any affected part installed.
    (4) Flight hours: The flight hours indicated in table 1 to
paragraphs (g)(4) and (h) of this AD are those accumulated by an
affected part since its first installation on an airplane. In case
these flight hours are unknown, the flight hours accumulated by the
affected elevator or rudder since its first installation on an
airplane apply.

     Table 1 to Paragraphs (g)(4) and (h) of This AD--Servocontrols
                               Replacement
------------------------------------------------------------------------
Flight hours (FH) accumulated               Compliance time
------------------------------------------------------------------------
Fewer than 1,200 FH..........  Before exceeding 1,200 FH, or within 30
                                days after the effective date of this
                                AD, whichever occurs later.
1,200 FH or more.............  Within 9 months after the effective date
                                of this AD.
------------------------------------------------------------------------

 (h) Replacement

    For Group 1 airplanes: Within the applicable compliance time
specified in table 1 to paragraphs (g)(4) and (h) of this AD,
replace each affected part with a serviceable part, in accordance
with the instructions in Airbus Alert Operators Transmission (AOT)
A27P012-18, Rev 01, dated May 2018, including Appendixes 2 through
6.

 (i) No Reporting Requirement

    Although Airbus Alert Operators Transmission (AOT) A27P012-18,
Rev 01, dated May 2018, specifies to submit certain information to
the manufacturer and refers to Appendix 1 of Airbus Alert Operators
Transmission (AOT) A27P012-18, Rev 01, dated May 2018, this AD does
not include that requirement.

 (j) Parts Installation Prohibition

    For Group 1 and Group 2 airplanes: As of the effective date of
this AD, no person may install on any airplane an affected part as
defined in paragraph (g)(1) of this AD, unless it is a serviceable
part as defined in paragraph (g)(2) of this AD.

 (k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to: [email protected]. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

 (l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0145R3, dated July 24, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0765.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email [email protected];
internet http://www.airbus.com. You may view this 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>.

 (m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission A27P012-18, Rev 01,
dated May 29, 2018, including Appendixes 1 through 6.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email [email protected];
internet http://www.airbus.com.
    (4) You may view this 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
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 17, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-19744 Filed 9-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 20, 2010 (Volume 75, Number 161)]
[Notices]
[Page 51453-51455]
[DOCID:fr20au10-41]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

August 13, 2010.
    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG10-57-000.
    Applicants: Lakefield Wind Project, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Lakefield Wind Project, LLC.
    Filed Date: 08/11/2010.
    Accession Number: 20100811-5131.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 1, 2010.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1195-001.
    Applicants: NV Energy, Inc.
    Description: NV Energy submits First Revised Service Agreement 10-
0560, to include an executed Amendment 1 to the Engineering and
Procurement Agreement with Spring Valley Wind LLC.
    Filed Date: 08/12/2010.
    Accession Number: 20100813-0201.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 2, 2010.

    Docket Numbers: ER10-2205-000.
    Applicants: Nexen Marketing.
    Description: Nexen Marketing USA, Inc submits its Notice of
Cancellation.
    Filed Date: 08/11/2010.
    Accession Number: 20100812-0205.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 1, 2010.

    Docket Numbers: ER10-2206-000; ER10-2207-000.
    Applicants: NASDAQ OMX Commodities Clearing--Contract LLC; NASDAQ
OMX Commodities Clearing--Finance, LLC.
    Description: NASDAQ OMX Commodities Clearing--Contract Merchant LLC
submits notices of cancellation of Contract Merchant's and Finance's
market based-rate tariffs.
    Filed Date: 08/11/2010.
    Accession Number: 20100812-0204.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 1, 2010.

    Docket Numbers: ER10-2208-000.
    Applicants: Energy Systems North East, LLC.
    Description: Energy Systems North East, LLC submits notice of
cancellation of its FERC Electric Tariff, Original Volume 1, Original
Sheet 1-2.
    Filed Date: 08/11/2010.

    Accession Number: 20100812-0203.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 1, 2010.

    Docket Numbers: ER10-2209-000.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection, L.L.C. submits an interconnection
service agreement.
    Filed Date: 08/11/2010.
    Accession Number: 20100812-0202.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 1, 2010.

    Docket Numbers: ER10-2215-000.
    Applicants: SU FERC, L.L.C.
    Description: SU FERC, L.L.C. submits Notice of Succession to
reflect their succession to and adoption of the Open Access
Transmission Taridd of NewCorp Resources Electric Cooperative, Inc.
    Filed Date: 08/12/2010.
    Accession Number: 20100813-0202.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 2, 2010.

    Docket Numbers: ER10-2216-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits tariff filing per 35:
Entergy Operating Companies OATT Baseline Filing to be effective 7/9/
2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5019.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2217-000.
    Applicants: Front Range Power Company, LLC.
    Description: Front Range Power Company, LLC submits tariff filing
per 35.12: Front Range Power Company, LLC FERC Electric Tariff No. 1 to
be effective 8/13/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5027.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2218-000.
    Applicants: Orlando CoGen Limited, L.P.
    Description: Orlando CoGen Limited, L.P. submits tariff filing per
35.12: Orlando CoGen Limited, L.P. FERC Electric Tariff No. 1 to be
effective 8/13/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5031.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2219-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii): Large Generator Interconnection Procedures &
Agreement of PG&E's WD Tariff to be effective 8/13/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5053.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2220-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator submits tariff
filing per 35.13(a)(2)(iii): 205 Filing--ROS Mitigation--Schnell 8/13/
10 to be effective 10/12/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5057.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2221-000.
    Applicants: NASDAQ OMX Commodities Clearing Company.
    Description: NASDAQ OMX Commodities Clearing Company submits tariff
filing per 35.13(a)(2)(iii): Notice of Succession of NASDAQ OMX
Commodities Clearing Company to be effective 8/10/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5061.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2222-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii): SA Riverside N Corona R 081310 to be
effective 9/1/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5062.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2223-000.
    Applicants: Entergy Mississippi, Inc.
    Description: Entergy Mississippi, Inc. submits tariff filing per
35: EMI OATT Baseline Filing, to be effective 8/2/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5066.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2224-000.
    Applicants: Entergy Texas, Inc.
    Description: Entergy Texas, Inc. submits tariff filing per 35: ETI
OATT Baseline Filing to be effective 7/9/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5068.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2225-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): 1067 SubR1 East Texas Elec. Coop. NITSA and NOA
Original Docket No. ER10-698 to be effective 7/30/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5069.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2226-000.
    Applicants: Entergy Louisiana, LLC.
    Description: Entergy Louisiana, LLC submits tariff filing per 35:
ELL OATT Baseline Filing to be effective 8/2/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5079.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Docket Numbers: ER10-2227-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): 1065 SubR1 Tex-La Elec. NITSA and NOA Original Docket
No. ER10-694 to be effective 7/30/2010.
    Filed Date: 08/13/2010.
    Accession Number: 20100813-5080.
    Comment Date: 5 p.m. Eastern Time on Friday, September 3, 2010.

    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA10-12-000.
    Applicants: SU FERC, L.L.C.
    Description: SU FERC, L.L.C. Request continued Waiver of
Requirements of Order Nos. 889 and 890 and Standards of Conduct.
    Filed Date: 08/12/2010.
    Accession Number: 20100812-5116.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 2, 2010.

    Take notice that the Commission received the following public
utility holding company filings:
    Docket Numbers: PH10-18-000.
    Applicants: HH-SU Investments L.L.C.
    Description: Notice of Material Change of HH-SU Investments L.L.C.
    Filed Date: 08/12/2010.
    Accession Number: 20100812-5118.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 2, 2010.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference

to filings initiating a new proceeding, interventions or protests
submitted on or before the comment deadline need not be served on
persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-20650 Filed 8-19-10; 8:45 am]
BILLING CODE 6717-01-P