[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11460-11465]
[FR Doc No: 2023-03764]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    The currently effective community number is shown and must be used
for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA

Map Service Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Location and case    Chief executive officer of                                                                         Community
  State and county           No.                    community                 Community map repository             Date of modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa (FEMA   City of Avondale     The Honorable Kenneth N.      Development & Engineering Services    Oct. 14, 2022................       040038
     Docket No.: B-   (21-09-1874P).       Weise, Mayor, City of         Department, 11465 West Civic Center
     2250).                                Avondale, 11465 West Civic    Drive, Avondale, AZ 85323.
                                           Center Drive, Avondale, AZ
                                           85323.
    Maricopa (FEMA   City of Goodyear     The Honorable Joe Pizzillo,   Engineering and Development           Nov. 18, 2022................       040046
     Docket No.: B-   (21-09-1877P).       Mayor, City of Goodyear,      Services, 14455 West Van Buren
     2272).                                190 North Litchfield Road,    Street, Suite D101, Goodyear, AZ
                                           Goodyear, AZ 85338.           85338.
    Maricopa (FEMA   City of Phoenix (21- The Honorable Kate Gallego,   Street Transportation Department,     Nov. 28, 2022................       040051
     Docket No.: B-   09-1437P).           Mayor, City of Phoenix,       200 West Washington Street, 5th
     2272).                                City Hall, 200 West           Floor, Phoenix, AZ 85003.
                                           Washington Street, Phoenix,
                                           AZ 85003.
    Maricopa (FEMA   City of Surprise     The Honorable Skip Hall,      Public Works Department, Engineering  Nov. 14, 2022................       040053
     Docket No.: B-   (22-09-0029P).       Mayor, City of Surprise,      Development Services, 16000 North
     2258).                                16000 North Civic Center      Civic Center Plaza, Surprise, AZ
                                           Plaza, Surprise, AZ 85374.    85374.
    Maricopa (FEMA   City of Surprise     The Honorable Skip Hall,      Public Works Department, Engineering  Oct. 28, 2022................       040053
     Docket No.: B-   (22-09-0374P).       Mayor, City of Surprise,      Development Services, 16000 North
     2258).                                16000 North Civic Center      Civic Center Plaza, Surprise, AZ
                                           Plaza, Surprise, AZ 85374.    85374.
    Maricopa (FEMA   Unincorporated       The Honorable Bill Gates,     Flood Control District of Maricopa    Nov. 28, 2022................       040037
     Docket No.: B-   Areas of Maricopa    Chair, Board of               County, 2801 West Durango Street,
     2272).           County (21-09-       Supervisors, Maricopa         Phoenix, AZ 85009.
                      1437P).              County, 301 West Jefferson
                                           Street, 10th Floor,
                                           Phoenix, AZ 85003.
    Maricopa (FEMA   Unincorporated       The Honorable Bill Gates,     Flood Control District of Maricopa    Nov. 18, 2022................       040037
     Docket No.: B-   Areas of Maricopa    Chair, Board of               County, 2801 West Durango Street,
     2272).           County (21-09-       Supervisors, Maricopa         Phoenix, AZ 85009.
                      1877P).              County, 301 West Jefferson
                                           Street, 10th Floor,
                                           Phoenix, AZ 85003.
    Maricopa (FEMA   Unincorporated       The Honorable Bill Gates,     Flood Control District of Maricopa    Oct. 28, 2022................       040037
     Docket No.: B-   Areas of Maricopa    Chair, Board of               County, 2801 West Durango Street,
     2258).           County (22-09-       Supervisors, Maricopa         Phoenix, AZ 85009.
                      0374P).              County, 301 West Jefferson
                                           Street, 10th Floor,
                                           Phoenix, AZ 85003.
    Maricopa (FEMA   Unincorporated       The Honorable Bill Gates,     Flood Control District of Maricopa    Jan. 6, 2023.................       040037
     Docket No.: B-   Areas of Maricopa    Chair, Board of               County, 2801 West Durango Street,
     2280).           County (22-09-       Supervisors, Maricopa         Phoenix, AZ 85009.
                      0553P).              County, 301 West Jefferson
                                           Street, 10th Floor,
                                           Phoenix, AZ 85003.
    Pima (FEMA       Town of Marana (22-  The Honorable Ed Honea,       Engineering Department, Marana        Jan. 13, 2023................       040118
     Docket No.: B-   09-0373P).           Mayor, Town of Marana,        Municipal Complex, 11555 West Civic
     2280).                                11555 West Civic Center       Center Drive, Marana, AZ 85653.
                                           Drive, Marana, AZ 85653.
    Yavapai (FEMA    Town of Prescott     The Honorable Kell Palguta,   Town Hall, Engineering Division,      Nov. 14, 2022................       040121
     Docket No.: B-   Valley (21-09-       Mayor, Town of Prescott       7501 East Civic Circle, Prescott
     2272).           1114P).              Valley, Civic Center, 7501    Valley, AZ 86314.
                                           East Skoog Boulevard, 4th
                                           Floor, Prescott Valley, AZ
                                           86314.
California:
    Nevada (FEMA     City of Grass        The Honorable Ben Aguilar,    Public Works Department, 125 East     Jan. 12, 2023................       060211
     Docket No.: B-   Valley (22-09-       Mayor, City of Grass          Main Street, Grass Valley, CA
     2280).           0608P).              Valley, 125 East Main         95945.
                                           Street, Grass Valley, CA
                                           95945.
    Placer (FEMA     Unincorporated       The Honorable Cindy           Placer County Public Works, 3091      Oct. 17, 2022................       060239
     Docket No.: B-   Areas of Placer      Gustafson, Chair, Board of    County Center Drive, Suite 220,
     2250).           County (21-09-       Supervisors, Placer County,   Auburn, CA 95603.
                      1181P).              175 Fulweller Avenue,
                                           Auburn, CA 95603.
    Placer (FEMA     Unincorporated       The Honorable Cindy           Placer County Public Works, 3091      Jan. 9, 2023.................       060239
     Docket No.: B-   Areas of Placer      Gustafson, Chair, Board of    County Center Drive, Suite 220,
     2280).           County (22-09-       Supervisors, Placer County,   Auburn, CA 95603.
                      0128P).              175 Fulweiler Avenue Suite
                                           206, Auburn, CA 95603.
    Riverside (FEMA  City of Moreno       The Honorable Yxstian A.      Public Works Department, 14177        Jan. 9, 2023.................       065074
     Docket No.: B-   Valley (22-09-       Gutierrez, Mayor, City of     Frederick Street, Moreno Valley, CA
     2280).           0602P).              Moreno Valley, 14177          92552.
                                           Frederick Street, Moreno
                                           Valley, CA 92552.

    Riverside (FEMA  City of San Jacinto  The Honorable Crystal Ruiz,   Tri-Lake Consultants, 24 South D      Nov. 9, 2022.................       065056
     Docket No.: B-   (21-09-1682P).       Mayor, City of San Jacinto,   Street Suite 100, Perris, CA 92570.
     2258).                                595 South San Jacinto
                                           Avenue, San Jacinto, CA
                                           92583.
    Riverside (FEMA  Unincorporated       The Honorable Jeff Hewitt,    Riverside County, Flood Control and   Nov. 9, 2022.................       060245
     Docket No.: B-   Areas of Riverside   Chair, Board of               Water Conservation District, 1995
     2258).           County (21-09-       Supervisors, Riverside        Market Street, Riverside, CA 92501.
                      1682P).              County, 4080 Lemon Street,
                                           5th Floor, Riverside, CA
                                           92502.
    Riverside (FEMA  Unincorporated       The Honorable Jeff Hewitt,    Riverside County, Flood Control and   Oct. 11, 2022................       060245
     Docket No.: B-   Areas of Riverside   Chair, Board of               Water Conservation District, 1995
     2250).           County (22-09-       Supervisors, Riverside        Market Street, Riverside, CA 92501.
                      0293P).              County, 4080 Lemon Street,
                                           5th Floor, Riverside, CA
                                           92501.
    San Bernardino   City of Fontana (20- The Honorable Acquanetta      City Hall, Engineering Department,    Dec. 12, 2022................       060274
     (FEMA Docket     09-1006P).           Warren, Mayor, City of        8353 Sierra Avenue, San Bernardino,
     No.: B-2280).                         Fontana, 8353 Sierra          CA 92415.
                                           Avenue, Fontana, CA 92335.
    San Bernardino   City of Fontana (21- The Honorable Acquanetta      Engineering Department, 17001 Upland  Oct. 3, 2022.................       060274
     (FEMA Docket     09-1351P).           Warren, Mayor, City of        Avenue, Fontana, CA 92335.
     No.: B-2250).                         Fontana, 8353 Sierra
                                           Avenue, Fontana, CA 92335.
    San Bernardino   City of Rialto (20-  The Honorable Deborah         City Hall, 150 South Palm Avenue,     Dec. 12, 2022................       060280
     (FEMA Docket     09-1006P).           Robertson, Mayor, City of     Rialto, CA 92376.
     No.: B-2280).                         Rialto, 150 South Palm
                                           Avenue, Rialto, CA 92376.
    San Bernardino   City of San          The Honorable John Valdivia,  City Hall, 300 North D Street, San    Dec. 12, 2022................       060281
     (FEMA Docket     Bernardino (20-09-   Mayor, City of San            Bernardino, CA 92418.
     No.: B-2280).    1006P).              Bernardino, 290 North D
                                           Street, San Bernardino, CA
                                           92401.
    San Bernardino   Unincorporated       The Honorable Curt Hagman,    San Bernardino County Public Works,   Dec. 12, 2022................       060270
     (FEMA Docket     Areas of San         Chair, Board of               Water Resources Department, 825
     No.: B-2280).    Bernardino County    Supervisors, San Bernardino   East 3rd Street, San Bernardino, CA
                      (20-09-1006P).       County, 385 North Arrowhead   92415.
                                           Avenue, 5th Floor, San
                                           Bernardino, CA 92415.
    San Bernardino   Unincorporated       The Honorable Curt Hagman,    San Bernardino County, Public Works,  Oct. 3, 2022.................       060270
     (FEMA Docket     Areas of San         Chair, Board of               Water Resources Department, 825
     No.: B-2250).    Bernardino County    Supervisors, San Bernardino   East 3rd Street, San Bernardino, CA
                      (21-09-1351P).       County, 385 North Arrowhead   92415.
                                           Avenue, 5th Floor, San
                                           Bernardino, CA 92415.
    San Diego (FEMA  City of Poway (21-   The Honorable Steve Vaus,     City Hall, 13325 Civic Center Drive,  Nov. 4, 2022.................       060702
     Docket No.: B-   09-1484P).           Mayor, City of Poway, 13325   Poway, CA 92064.
     2258).                                Civic Center Drive, Poway,
                                           CA 92064.
    San Mateo (FEMA  City of South San    The Honorable Mark Nagales,   City Hall, 400 Grand Avenue, South    Nov. 17, 2022................       065062
     Docket No.: B-   Francisco (21-09-    Mayor, City of South San      San Francisco, CA 94080.
     2272).           0918P).              Francisco, 400 Grand
                                           Avenue, South San
                                           Francisco, CA 94080.
    San Mateo (FEMA  Town of Colma (21-   The Honorable Helen           Town Hall, 1198 El Camino Real,       Nov. 17, 2022................       060316
     Docket No.: B-   09-0918P).           Fisicaro, Mayor, Town of      Colma, CA 94014.
     2272).                                Colma, 1198 El Camino Real,
                                           Colma, CA 94014.
Florida:
    St. Johns (FEMA  Unincorporated       Chair Henry Dean, St. Johns   St. Johns County Permit Center, 4040  Sep. 30, 2022................       125147
     Docket No.: B-   Areas of St. Johns   County Board of               Lewis Speedway, St. Augustine, FL
     2250).           County (22-04-       Commissioners, 500 San        32084.
                      0054P).              Sebastian View, St.
                                           Augustine, FL 32084.
    Nassau (FEMA     Town of Callahan     The Honorable Matthew Davis,  Town Hall, 542300 US Highway 1,       Jan. 12, 2023................       120171
     Docket No.: B-   (21-04-4290P).       Mayor, Town of Callahan,      Callahan, FL 32011.
     2280).                                542300 US Hwy 1, Callahan,
                                           FL 32011.
    Nassau (FEMA     Unincorporated       Chair Jeff Gray, Nassau       Nassau County Building Department,    Jan. 12, 2023................       120170
     Docket No.: B-   Areas of Nassau      County Board of               96161 Nassau Place, Yulee, FL
     2280).           County (21-04-       Commissioners, 97572          32097.
                      4290P).              Pirates Point Road, Yulee,
                                           FL 32097.
Hawaii:
    Hawaii (FEMA     Hawaii County (20-   The Honorable Mitch Roth,     Hawaii County Department of Public    Nov. 14, 2022................       155166
     Docket No.: B-   09-1349P).           Mayor, County of Hawaii, 25   Works, Engineering Division, 101
     2272).                                Aupuni Street, Hilo, HI       Pauahi Street, Suite 7, Hilo, HI
                                           96720.                        96720.
    Honolulu (FEMA   City and County of   The Honorable Rick            Department of Planning and            Dec. 6, 2022.................       150001
     Docket No.: B-   Honolulu (21-09-     Blangiardi, Mayor, City and   Permitting, 650 South King Street
     2280).           0747P).              County of Honolulu, 530       1st Floor, Honolulu, HI 96813.
                                           South King Street Room 300,
                                           Honolulu, HI 96813.
Idaho:

    Blaine (FEMA     City of Ketchum (22- The Honorable Neil Bradshaw,  City Hall, 480 East Avenue North,     Dec. 22, 2022................       160023
     Docket No.: B-   10-0349P).           Mayor, City of Ketchum,       Ketchum, ID 83340.
     2280).                                City Hall, P.O. Box 2315,
                                           Ketchum, ID 83340.
    Blaine (FEMA     Unincorporated       Chair Dick Fosbury, Blaine    Blaine County Planning & Zoning, 219  Dec. 22, 2022................       165167
     Docket No.: B-   Areas of Blaine      County Board of               1st Avenue South, Suite 208,
     2280).           County (22-10-       Commissioners, Old County     Hailey, ID 83333.
                      0349P).              Courthouse, 206 South 1st
                                           Avenue, Hailey, ID 83333.
    Kootenai (FEMA   Unincorporated       Commissioner Chris Fillios,   Assessors Department, Kootenai        Oct. 7, 2022.................       160076
     Docket No.: B-   Areas of Kootenai    District 2, Kootenai          County Court House, 451 Government
     2250).           County (21-10-       County, 451 Government Way,   Way, Coeur d'Alene, ID 83816.
                      1307P).              Coeur d'Alene, ID 83814.
Illinois:
    Cook (FEMA       Village of Western   The Honorable Alice           Village Hall, Community Development   Oct. 28, 2022................       170171
     Docket No.: B-   Springs (21-05-      Gallagher, Village            Department, 740 Hillgrove Avenue,
     2258).           1260P).              President, Village of         Western Springs, IL 60558.
                                           Western Springs, Village
                                           Hall, 740 Hillgrove Avenue,
                                           Western Springs, IL 60558.
    Kendall (FEMA    Village of Oswego    The Honorable Troy Parlier,   Village Hall, 100 Parkers Mill,       Jan. 13, 2023................       170345
     Docket No.: B-   (22-05-1225P).       Village President, Village    Oswego, IL 60543.
     2295).                                of Oswego, 100 Parkers
                                           Mill, Oswego, IL 60543.
    Will (FEMA       City of Lockport     The Honorable Steven Streit,  Public Works and Engineering          Nov. 18, 2022................       170703
     Docket No.: B-   (22-05-1296P).       Mayor, City of Lockport,      Department, 17112 South Prime
     2272).                                222 East 9th Street,          Boulevard, Lockport, IL 60441.
                                           Lockport, IL 60441.
    Will (FEMA       Unincorporated       The Honorable Jennifer        Will County Land Use Department, 58   Nov. 18, 2022................       170695
     Docket No.: B-   Areas of Will        Bertino-Tarrant, Will         East Clinton Street, Suite 100,
     2272).           County (22-05-       County Executive, Will        Joliet, IL 60432.
                      1296P).              County Office Building, 302
                                           North Chicago Street,
                                           Joliet, IL 60432.
    Will (FEMA       Village of           The Honorable Mary Alexander- Village Hall, 375 West Briarcliff     Oct. 24, 2022................       170812
     Docket No.: B-   Bolingbrook (22-05-  Basta, Mayor, Village of      Road, Bolingbrook, IL 60440.
     2258).           1649P).              Bolingbrook, 375 West
                                           Briarcliff Road,
                                           Bolingbrook, IL 60440.
Indiana:
    Morgan (FEMA     City of              The Honorable Kenneth         City Hall, 59 South Jefferson         Sep. 28, 2022................       180177
     Docket No.: B-   Martinsville (22-    Costin, Mayor, City of        Street, Martinsville, IN 46151.
     2258).           05-1449P).           Martinsville, P.O. Box
                                           1415, Martinsville, IN
                                           46151.
    Morgan (FEMA     Unincorporated       Commissioner Don Adams,       Morgan County Administration          Sep. 28, 2022................       180176
     Docket No.: B-   Areas of Morgan      Morgan County Board of        Building, 180 South Main Street,
     2258).           County (22-05-       Commissioners, 180 South      Martinsville, IN 46151.
                      1449P).              Main Street, Suite 112,
                                           Martinsville, IN 46151.
    Steuben (FEMA    Town of Hamilton     President Mary Vail, Town of  Town Hall, 7750 South Wayne Street,   Sep. 14, 2022................       180248
     Docket No.: B-   (21-05-2799P).       Hamilton, 900 South Wayne     Hamilton, IN 46742.
     2250).                                Street, Hamilton, IN 46742.
    Steuben (FEMA    Unincorporated       President Wil Howard,         Steuben County, Plan Commission       Sep. 14, 2022................       180243
     Docket No.: B-   Areas of Steuben     Steuben County Board of       Courthouse, 317 South Wayne Street,
     2250).           County (21-05-       Commissioners, 317 South      Angola, IN 46703.
                      2799P).              Wayne Street, Angola, IN
                                           46703.
Kentucky: Scott      Unincorporated       Executive Joe Pat Covington,  Georgetown-Scott County Planning      Nov. 21, 2022................       210207
 (FEMA Docket No.:    Areas of Scott       Scott County, 101 East Main   Commission, 230 East Main Street,
 B-2272).             County (21-04-       Street, Suite 210,            Georgetown, KY 40324.
                      4848P).              Georgetown, KY 40324.
Michigan:
    Ingham (FEMA     Charter Township of  Supervisor Maggie Sanders,    Township Hall, 3209 West Michigan     Oct. 27, 2022................       260632
     Docket No.: B-   Lansing (22-05-      Charter Township of           Avenue, Lansing, MI 48917.
     2258).           1554P).              Lansing, 3209 West Michigan
                                           Avenue, Lansing, MI 48917.
    Ingham (FEMA     City of East         The Honorable Ron Bacon,      City Hall, 410 Abbott Road, East      Oct. 27, 2022................       260089
     Docket No.: B-   Lansing (22-05-      Mayor, City of East           Lansing, MI 48823.
     2258).           1554P).              Lansing, 410 Abbot Road,
                                           Room 100, East Lansing, MI
                                           48823.
    Ingham (FEMA     City of Lansing (22- The Honorable Andy Schor,     City Hall, 124 West Michigan Avenue,  Oct. 27, 2022................       260090
     Docket No.: B-   05-1554P).           Mayor, City of Lansing, 124   Lansing, MI 48933.
     2258).                                West Michigan Avenue, 9th
                                           Floor, Lansing, MI 48933.
    Shiawassee       City of Owosso (21-  The Honorable Christopher     City Hall, 301 West Main Street,      Oct. 7, 2022.................       260596
     (FEMA Docket     05-4550P).           Eveleth, Mayor, City of       Owosso, MI 48867.
     No.: B-2250).                         Owosso, 301 West Main
                                           Street, Owosso, MI 48867.
    Wayne (FEMA      Township of Canton   Supervisor Anne Marie Graham- Canton Municipal Complex, 1150 South  Nov. 28, 2022................       260219
     Docket No.: B-   (22-05-0850P).       Hudak, Township of Canton,    Canton Center Road, Canton, MI
     2272).                                1150 Canton Center South,     48188.
                                           Canton, MI 48188.
Nebraska:

    Saline (FEMA     City of Crete (20-   The Honorable Dave Bauer,     City Hall, 241 East 13th Street,      Oct. 27, 2022................       310186
     Docket No.: B-   07-0590P).           Mayor, City of Crete, 243     Crete, NE 68333.
     2258).                                East 13th Street, Crete, NE
                                           68333.
    Saline (FEMA     Unincorporated       Commissioner Russ Karpisek,   Saline County Courthouse, 215 South   Oct. 27, 2022................       310472
     Docket No.: B-   Areas of Saline      Chair, Saline County, 315     Court Street, Wilber, NE 68465.
     2258).           County (20-07-       North Shimerda, Wilber, NE
                      0590P).              68465.
Nevada:
    Clark (FEMA      City of Henderson    The Honorable Debra March,    Public Works Department, 240 South    Oct. 24, 2022................       320005
     Docket No.: B-   (22-09-0379P).       Mayor, City of Henderson,     Water Street, Henderson, NV 89015.
     2258).                                240 South Water Street,
                                           Henderson, NV 89015.
    Clark (FEMA      City of North Las    The Honorable John J. Lee,    Public Works Department, 2250 Las     Jan. 11, 2023................       320007
     Docket No.: B-   Vegas (22-09-        Mayor, City of North Las      Vegas Boulevard North, Suite 200,
     2280).           0330P).              Vegas, 2250 Las Vegas         North Las Vegas, NV 89030.
                                           Boulevard North, North Las
                                           Vegas, NV 89030.
    Washoe (FEMA     City of Sparks (22-  The Honorable Ed Lawson,      City Hall, 431 Prater Way, Sparks,    Dec. 12, 2022................       320021
     Docket No.: B-   09-0027P).           Mayor, City of Sparks, 431    NV 89431.
     2280).                                Prater Way, Sparks, NV
                                           89431.
    Washoe (FEMA     Unincorporated       The Honorable Vaughn          Washoe County Administration          Dec. 12, 2022................       320019
     Docket No.: B-   Areas of Washoe      Hartung, Chair, Board of      Building, Department of Public
     2280).           County (22-09-       Commissioners, Washoe         Works, 1001 East 9th Street, Reno,
                      0027P).              County, 1001 East 9th         NV 89512.
                                           Street, Reno, NV 89512.
New York:
    Delaware (FEMA   Town of Walton (21-  Supervisor Joseph M. Cetta,   Town Hall, 129 North Street, Walton,  Nov. 3, 2022.................       360215
     Docket No.: B-   02-0345P).           Town of Walton, 129 North     NY 13856.
     2250).                                Street, Walton, NY 13856.
    Delaware (FEMA   Village of Walton    The Honorable Edward Snow,    Village Hall, 21 North Street,        Nov. 3, 2022.................       360216
     Docket No.: B-   (21-02-0345P).       Sr., Mayor, Village of        Walton, NY 13856.
     2250).                                Walton, 21 North Street,
                                           Walton, NY 13856.
    Erie (FEMA       Town of Evans (21-   Supervisor Mary Hosler, Town  Town Hall, 8787 Erie Road, Angola,    Jan. 26, 2023................       360240
     Docket No.: B-   02-0897P).           of Evans Board Members,       NY 14006.
     2272).                                8787 Erie Road, Angola, NY
                                           14006.
    Montgomery       City of Amsterdam    The Honorable Michael         City Hall, 61 Church Street,          Dec. 1, 2022.................       360440
     (FEMA Docket     (21-02-0893P).       Cinquanti, Mayor, City of     Amsterdam, NY 12010.
     No.: B-2258).                         Amsterdam, 61 Church
                                           Street, Amsterdam, NY
                                           12010.
    Montgomery       Town of Amsterdam    Supervisor Thomas Dimezza,    Office Building, 283 Manny's Corners  Dec. 1, 2022.................       360441
     (FEMA Docket     (21-02-0893P).       Town of Amsterdam, 283        Road, Amsterdam, NY 12010.
     No.: B-2258).                         Manny's Corners Road,
                                           Amsterdam, NY 12010.
    Montgomery       Town of Florida (21- Supervisor Eric Mead, Town    Office Building, 214 Fort Hunter      Dec. 1, 2022.................       360445
     (FEMA Docket     02-0893P).           of Florida, 214 Fort Hunter   Road, Amsterdam, NY 12010.
     No.: B-2258).                         Road, Amsterdam, NY 12010.
    Montgomery       Town of Mohawk (21-  Supervisor Ed Bishop, Town    Mohawk Richard A. Papa Office         Dec. 1, 2022.................       360452
     (FEMA Docket     02-0893P).           of Mohawk, P.O. Box 415,      Building, 2-4 Park Street, Fonda,
     No.: B-2258).                         Fonda, NY 12068.              NY 12068.
    Montgomery       Village of Fort      The Honorable Michael         Fort Johnson Municipal Building, 1    Dec. 1, 2022.................       360447
     (FEMA Docket     Johnson (21-02-      Simmons, Mayor, Village of    Prospect Street, Fort Johnson, NY
     No.: B-2258).    0893P).              Fort Johnson, P.O. Box 179,   12070.
                                           Fort Johnson, NY 12070.
    Orange (FEMA     Village of Harriman  The Honorable Lou Medina,     Village Hall, 1 Church Street,        Jan. 12, 2023................       360618
     Docket No.: B-   (21-02-0938P).       Mayor, Village of Harriman,   Harriman, NY 10926.
     2272).                                1 Church Street, Harriman,
                                           NY 10926.
    Richmond (FEMA   City of New York     The Honorable Eric Adams,     City Department of City Planning,     Nov. 17, 2022................       360497
     Docket No.: B-   (21-02-1113P).       Mayor, City of New York,      Waterfront Division, 22 Reade
     2250).                                City Hall, New York, NY       Street, New York, NY 10007.
                                           10007.
    Westchester      Town of Mamaroneck   Supervisor Jaine Elkind       Town Hall, 740 West Boston Post       Dec. 1, 2022.................       360917
     (FEMA Docket     (22-02-0217P).       Eney, Town of Mamaroneck,     Road, Mamaroneck, NY 10543.
     No.: B-2250).                         740 West Boston Post Road,
                                           Mamaroneck, NY 10543.
Oregon:
    Multnomah (FEMA  City of Fairview     The Honorable Brian Cooper,   Planning Department, 1300 Northeast   Oct. 6, 2022.................       410180
     Docket No.: B-   (22-10-0253P).       Mayor, City of Fairview,      Village Street, Fairview, OR 97024.
     2250).                                1300 Northeast Village
                                           Street, Fairview, OR 97024.

    Multnomah (FEMA  City of Gresham (21- The Honorable Travis          City Hall, 1333 Northwest Eastman     Sep. 26, 2022................       410181
     Docket No.: B-   10-1434P).           Stovall, Mayor, City of       Parkway, Gresham, OR 97030.
     2250).                                Gresham, 1333 Northwest
                                           Eastman Parkway, 3rd Floor,
                                           Gresham, OR 97030.
South Carolina:      Unincorporated       Chair A. Manning Lynch,       Spartanburg County Administration     Oct. 3, 2022.................       450176
 Spartanburg (FEMA    Areas of             Spartanburg County, 366       Building, 366 North Church Street,
 Docket No.: B-       Spartanburg County   North Church Street, Main     Spartanburg, SC 29303.
 2258).               (21-04-4426P).       Level, Suite 1000,
                                           Spartanburg, SC 29303.
Texas: Tarrant       City of North        The Honorable Oscar Trevino,  City Hall, 4301 City Point Drive,     Dec. 15, 2022................       480607
 (FEMA Docket No.:    Richland Hills (21-  Jr., Mayor, City of North     North Richland Hills, TX 76180.
 B-2272).             06-2663P).           Richland Hills, P.O. Box
                                           820609, North Richland
                                           Hills, TX 76182.
Washington:          Unincorporated       Chair Chris Branch, Board of  Okanogan Planning Department, 123     Dec. 16, 2022................       530117
 Okanogan (FEMA       Areas of Okanogan    Commissioner District 1,      North 5th Street, Okanogan, WA
 Docket No.: B-       County (22-10-       149 North 3rd Avenue,         98840.
 2280).               0287P).              Okanogan, WA 98840.
Wisconsin:
    Brown (FEMA      Unincorporated       Commissioner Patrick          Brown County Zoning Office, 305 East  Dec. 19, 2022................       550020
     Docket No.: B-   Areas of Brown       Buckley, Brown County, 305    Walnut Street, Green Bay, WI 54301.
     2280).           County (22-05-       East Walnut Street, Green
                      0903P).              Bay, WI 54305.
    Brown (FEMA      Village of Bellevue  President Steve Soukup,       Village Hall, 2828 Allouez Avenue,    Dec. 15, 2022................       550627
     Docket No.: B-   (21-05-4432P).       Village of Bellevue, 2828     Bellevue, WI 54311.
     2280).                                Allouez Avenue, Bellevue,
                                           WI 54311.
    Brown (FEMA      Village of Hobart    President Richard Heidel,     Village Hall, 2990 South Pine Tree    Dec. 19, 2022................       550626
     Docket No.: B-   (22-05-0903P).       Village of Hobart, 2990       Road, Hobart, WI 54155.
     2280).                                South Pine Tree Road,
                                           Hobart, WI 54155.
    Waukesha (FEMA   Village of Summit    President Jack Riley,         Village Hall, 2911 North Dousman      Nov. 28, 2022................       550663
     Docket No.: B-   (21-05-1028P).       Village of Summit, 37100      Road, Oconomowoc, WI 53066.
     2272).                                Delafield Road, Summit, WI
                                           53066.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-03764 Filed 2-22-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Page 5513]
[FR Doc No: 2014-02029]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Eleventh Meeting: RTCA Tactical Operations Committee (TOC)

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

ACTION: Eleventh Meeting Notice of RTCA NextGen Advisory Committee.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
eleventh meeting of the RTCA NextGen Advisory Committee.

DATES: The meeting will be held February 20, 2014 from 9:30 a.m.--3:00
p.m.

ADDRESSES: The meeting will be held at Honeywell Deer Valley, 21111 N.
19th Ave, Conference Room PRN A, B & C, Phoenix, AZ 85027.

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. Andy
Cebula, NAC Secretary can also be contacted at<EMAIL_ADDRESS>or 202-
330-0652.

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 Special Committee 224. The agenda will
include the following:
    The meeting is being held at the secured facilities of Honeywell
Aerospace. All members of the public are required to register no later
than February 12, 2014, by contacting Kathy Phoenix via email
<EMAIL_ADDRESS>and provide the following information:
U.S. Citizens
    --Last name, First name (as it appears on State Drivers License or
State ID)
--Employer and Address
--Phone Number
--Statement of U.S. Citizenship
Non-U.S. Citizens
--Full Name as it appears on Passport
--Country of Citizenship
--Passport and Visa Numbers, I-94 Stamp and Expiration Date
--Employer and Address--Identify whether U.S. or foreign-owned
--Phone number contact

February 20

     Opening of Meeting/Introduction of NAC Members--Chairman
Bill Ayer
     Official Statement of Designated Federal Official--The
Honorable Mike Whitaker, FAA Deputy Administrator
     Review and Approval of September 2013 Meeting Summary
     Chairman's Report--Chairman Ayer
     FAA Report--Mr. Whitaker
     Report on current topics related to NextGen implementation
     DataComm--Update and Status
     Previous NAC Recommendations
    [cir] FAA Response and Next Steps to previous NAC recommendations
    [cir] NextGen Capabilities Prioritization
    [cir] CatEx 2
    [cir] Fuel Data Sources
    [cir] PBN Implementation
     Review and Approve Recommendation for Submission to FAA--
Industry Barriers to NextGen Utilization
     Report to identify and mitigate industry barriers to
implementing PBN
     Blueprint for Performance-Based Navigation Procedures
Implementation
     Overview of Tasking
     Soliciting Committee Perspectives on Blueprint for
Performance-Based Navigation Procedures Implementation
     Committee Breakouts and Discussion of Tasking Questions
     Recap of Meeting and Anticipated Issues for NAC
consideration and action at the next meeting, June 4, 2014, Washington
DC
     Other business
     Adjourn
    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 January 27, 2014.
Paige Williams,
Management Analyst, NextGen, Business Operations Group, Federal
Aviation Administration.
[FR Doc. 2014-02029 Filed 1-30-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59688-59693]
[FR Doc No: 2016-20738]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32234; File No. 812-14529]

Calvert Social Investment Fund, et al.; Notice of Application

August 24, 2016.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order pursuant to (a) section
6(c) of the Investment Company Act of 1940 (``Act'') granting an
exemption from sections 18(f) and 21(b) of the Act; (b) section
12(d)(1)(J) of the Act granting an exemption from section 12(d)(1) of
the Act; (c) sections 6(c) and 17(b) of the Act granting an exemption
from sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and (d)
section 17(d) of the Act and rule 17d-1 under the Act to permit certain
joint arrangements.

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

    Summary of the Application: Applicants request an order that would
permit certain registered open-end management investment companies to
participate in a joint lending and borrowing facility.
    Applicants: Calvert Social Investment Fund, Calvert Sage Fund,
Calvert World Values Fund, Inc., Calvert Responsible Index Series,
Inc., Calvert Impact Fund, Inc., The Calvert Fund, Calvert Management
Series, Calvert Variable Series, Inc., and Calvert Variable Products,
Inc. (collectively, the ``Companies''), and Calvert Investment
Management, Inc. (``CIM'').
    Filing Dates: The application was filed on August 5, 2015, and
amended on January 19, 2016, and April 28, 2016.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on September 19, 2016, and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, 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
Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street

NE., Washington, DC, 20549-1090; Applicants, c/o Andrew K. Niebler,
Esq., Calvert Investment Management, Inc., 4550 Montgomery Avenue Suite
1000N, Bethesda, MD 20814.

FOR FURTHER INFORMATION CONTACT:  Erin C. Loomis, Senior Counsel, at
(202) 551-6721 or Sara Crovitz, Assistant Chief Counsel, at (202) 551-
6862 (Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Each Company is organized as a Massachusetts business trust,
Maryland corporation or Maryland business trust. Each Company is
registered under the Act as an open-end management investment company.
Each Company consists of one or more series, none of which hold
themselves out as money market funds in reliance on rule 2a-7 under the
Act, and each Company may offer additional series in the future. CIM
serves as the investment adviser to the Funds and is a wholly-owned
subsidiary of Calvert Investments, Inc., which is an indirect wholly-
owned subsidiary of Ameritas Mutual Holding Company.\1\ CIM and every
investment adviser to the Funds will be registered as an investment
adviser under the Investment Advisers Act of 1940.
---------------------------------------------------------------------------

    \1\ Applicants request that the order apply to any registered
open-end management investment company or series thereof (except
with respect to a money market fund) for which CIM or any successor
thereto or an investment adviser controlling, controlled by, or
under common control (within the meaning of section 2(a)(9) of the
Act) with CIM or any successor thereto serves as investment adviser
(each a ``Fund,'' and collectively the ``Funds''). All Funds that
currently intend to rely on the requested order have been named as
applicants, and any other Fund that relies on the requested order in
the future will comply with the terms and conditions of the
application. The term ``successor'' is limited to any entity that
results from a reorganization into another jurisdiction or a change
in the type of business organization.
---------------------------------------------------------------------------

    2. At any particular time, while Funds with uninvested cash may
enter into repurchase agreements or purchase other short-term
instruments issued by banks or other entities, other Funds may need to
borrow money from the same or similar banks for temporary purposes to
cover unanticipated cash shortfalls such as a trade ``fail'' in which
cash payment for a security sold by a Fund has been delayed, or for
other temporary purposes. Certain Funds may borrow for investment
purposes; however, such Funds will not borrow from the Facility (as
defined below) for the purposes of leverage. Presently, the Funds have
committed and uncommitted lines of credit with their custodian bank,
which is unaffiliated with the Funds. If a Fund had a temporary cash
need, it could borrow money through the line of credit.
    3. If the Funds borrowed under a line of credit from their
custodian bank, the Funds would pay interest on the borrowed cash at a
rate that would be higher than the rate that would be earned by other
(non-borrowing) Funds on the investments in repurchase agreements and
other short-term instruments of the same maturity as the bank loan.
Applicants assert that this differential represents the profit the
banks would earn for serving as a middleman between a borrower and
lender and is not attributable to any material difference in the credit
quality or risk in such transactions. The banks, in effect, would
borrow uninvested cash from some Funds in the form of repurchase
agreements or other short-term obligations and lend cash to other Funds
at a rate higher than the bank's cost of borrowing the cash.
    4. The Funds seek to enter into master interfund lending agreements
(``Interfund Lending Agreements'') with each other that would permit
each Fund to lend money directly to and borrow money directly from
other Funds through a credit facility (``Facility'') for temporary
purposes (an ``Interfund Loan''). Applicants assert that the Facility
would both reduce the Funds' potential borrowing costs and enhance the
ability of the lending Funds to earn higher rates of interest on their
short-term lendings. Although the Facility would reduce the Funds' need
to borrow from banks, the Funds would be free to establish and maintain
committed lines of credit or other borrowing arrangements with
unaffiliated banks. The Funds are charged a commitment fee up-front to
obtain the bank's commitment to lend money. These fees must be paid
regardless of whether a Fund borrows any money from the bank. Due to
the up-front costs of these arrangements, the Funds prefer to have
available additional credit arrangements.
    5. Applicants anticipate that the Facility will provide a borrowing
Fund with significant savings at times when the cash position of the
Fund is insufficient to meet temporary cash requirements. This
situation could arise when shareholder redemptions exceed anticipated
volumes, and certain Funds have insufficient cash on hand to satisfy
such redemptions. When the Funds liquidate portfolio securities to meet
redemption requests, they often do not receive payment in settlement
for up to three days (or longer for certain foreign transactions). The
redemption requests, however, normally are satisfied promptly upon
receipt. The Facility would provide a source of immediate, short-term
liquidity pending settlement of the sale of portfolio securities.
    6. Applicants anticipate that a Fund could use the Facility when a
sale of securities ``fails'' due to circumstances beyond the Fund's
control, such as a delay in the delivery of cash to the Fund's
custodian or improper delivery instructions by the broker effecting the
transaction. ``Sales fails'' may present a cash shortfall if the Fund
has undertaken to purchase a security using the proceeds from
securities sold. Under such circumstances, the Fund could: (1) ``fail''
on its intended purchase due to lack of funds from the previous sale,
resulting in additional cost to the Fund, or (2) sell a security on a
same-day settlement basis, earning a lower return on the investment.
Use of the Facility under these circumstances would give the Fund
access to immediate short-term liquidity without incurring custodian
overdraft or other charges.
    7. While bank borrowings generally could supply needed cash to
cover unanticipated redemptions and sales fails, the borrowing Funds
would incur commitment fees and/or other charges involved in obtaining
a bank loan. Under the Facility, a borrowing Fund would pay lower
interest rates than those that would be payable under short-term loans
offered by banks. In addition, Funds making short-term cash loans
directly to other Funds would earn interest at a rate higher than they
otherwise could obtain from investing their cash in repurchase
agreements or other substantially equivalent short-term investments.
Thus, applicants assert that the Facility would benefit both borrowing
and lending Funds.
    8. The interest rate to be charged to the Funds on any Interfund
Loan (``Interfund Loan Rate'') would be determined daily and would be
the average of: (1) The ``Repo Rate,'' as defined below, and (2) the
``Bank Loan Rate,'' as defined below. The ``Repo Rate'' on any day
would be the highest current overnight repurchase agreement rate
available to a lending Fund. The Bank Loan Rate for any day would be
calculated by the Fund Administration Department (as defined below) on
each day an Interfund Loan is made according to a formula established
by each Fund's board of directors/trustees (``Board'') intended to
approximate the

lowest interest rate at which bank short-term loans would be available
to the Funds.
    The formula would be based upon a publicly available rate (e.g.,
federal funds plus 125 basis points), which rate would vary so as to
reflect changing bank loan rates. The initial formula and any
subsequent modifications to the formula would be subject to the
approval of the Board of each Fund. In addition, the Board of each Fund
periodically would review the continuing appropriateness of reliance on
the publicly available rate used to determine the Bank Loan Rate, as
well as the relationship between the Bank Loan Rate and current bank
loan rates that would be available to the Funds. Applicants assert that
the continual adjustment of the Bank Loan Rate to reflect changes to
prevailing bank loan rates and the periodic review by the Board of each
Fund of the relationship between current bank rates and the Bank Loan
Rate, as well as the method of determining the Bank Loan Rate, should
ensure that the Bank Loan Rate reflects current market rates.
    9. The Facility would be administered by officers and employees of
the Calvert Fund Administration Department (the ``Fund Administration
Department''), which is a part of Calvert Investment Administrative
Services, Inc., an affiliate of CIM. The Fund Administration Department
is responsible for, among other things, ensuring accurate calculation
of Fund net asset values, and preparing Fund financial statements and
other reports. No portfolio manager of any Fund will serve in the Fund
Administration Department. The Facility would be available to any Fund.
On any day on which a Fund intends to borrow money, the Fund
Administration Department would make an Interfund Loan from a lending
Fund to a borrowing Fund only if the Interfund Loan Rate is: (1) More
favorable to the lending Fund than the Repo Rate and (2) more favorable
to the borrowing Fund than the Bank Loan Rate. Under the Facility, the
portfolio managers for each participating Fund could provide standing
instructions to participate in the Facility daily as a borrower or
lender. The Fund Administration Department on each business day would
collect data on the uninvested cash and borrowing requirements of all
participating Funds. The Fund Administration Department would not
solicit cash for loans from any Fund or prospectively publish or
disseminate the amount of current borrowing demand to portfolio
managers. Once it had determined the aggregate amount of cash available
for loans and borrowing demand, the Fund Administration Department
would allocate loans among borrowing Funds without any further
communication from the portfolio managers of the Funds. Applicants
anticipate that there typically will be far more available uninvested
cash each day than borrowing demand. Therefore, after the Fund
Administration Department has allocated cash for Interfund Loans, any
remaining cash will be invested in accordance with the instructions of
each relevant portfolio manager or such remaining amounts will be
invested directly by the portfolio managers of the Funds.
    10. The Fund Administration Department would allocate borrowing
demand and cash available for lending among the Funds on what the Fund
Administration Department believes to be an equitable basis, subject to
certain administrative procedures applicable to all Funds, such as: (1)
The time of filing requests to participate, (2) minimum loan lot sizes,
and (3) the need to minimize the number of transactions and associated
administrative costs. To reduce transaction costs, each loan normally
would be allocated in a manner intended to minimize the number of
participants necessary to complete the loan transaction. The method of
allocation and related administrative procedures would be approved by
the Board of each Fund, including a majority of the members of the
Board who are not ``interested persons'' of the Fund, as that term is
defined in section 2(a)(19) of the Act (``Independent Board Members''),
to ensure that both borrowing and lending Funds participate on an
equitable basis.
    11. The Fund Administration Department would: (1) Monitor the
interest rates charged and the other terms and conditions of the loans;
(2) limit the borrowings and loans entered into by each Fund to ensure
that they comply with the Fund's investment policies and limitations;
(3) ensure equitable treatment of each Fund; and (4) make quarterly
reports to each Fund's Board concerning any transactions by the Fund
under the Facility and the Interfund Loan Rate charged.
    12. CIM, through the Fund Administration Department, would
administer the Facility as a disinterested fiduciary as part of its
duties under the investment management and administrative agreements
with each Fund and would receive no additional fee as compensation in
connection with the administration of the Facility.
    13. No Fund may participate in the Facility unless: (1) The Fund
has obtained shareholder approval for its participation, if such
approval is required by law; (2) the Fund has fully disclosed all
material information concerning the Facility in its prospectus and/or
statement of additional information; and (3) the Fund's participation
in the credit facility is consistent with its investment objective,
limitations, and organizational documents.
    14. As part of the Board's review of the continuing appropriateness
of a Fund's participation in the Facility as required by condition 14,
the Board of each Fund, including a majority of Independent Board
Members, also will review the process in place to appropriately assess:
(i) If the Fund participates as a lender, any effect its participation
may have on the Fund's liquidity risk; and (ii) if the Fund
participates as a borrower, whether the Fund's portfolio liquidity is
sufficient to satisfy its obligations under the Facility along with its
other liquidity needs.
    15. In connection with the Facility, applicants seek an order
pursuant to section 6(c) of the Act exempting them from the provisions
of section 18(f) and 21(b) of the Act; pursuant to section 12(d)(1)(J)
of the Act exempting them from the provisions of section 12(d)(1) of
the Act; pursuant to sections 6(c) and 17(b) of the Act exempting them
from the provisions of sections 17(a)(1), 17(a)(2), and 17(a)(3) of the
Act; and pursuant to section 17(d) of the Act and rule 17d-1
thereunder, to permit certain joint arrangements and to allow them to
participate in the Facility.

Applicants' Legal Analysis

    1. Section 17(a)(3) of the Act generally prohibits any affiliated
person of a registered investment company, or any affiliated person of
such a person, from borrowing money or other property from the
registered investment company. Section 21(b) of the Act generally
prohibits any registered management company from lending money or other
property to any person if that person controls or is under common
control with that company. Section 2(a)(3)(C) of the Act defines an
``affiliated person'' of another person, in part, to be any person
directly or indirectly controlling, controlled by, or under common
control with, such other person. Section 2(a)(9) of the Act defines
``control'' as the ``power to exercise a controlling influence over the
management or policies of a company,'' but excludes situations in which
``such power is solely the result of an official position with such
company.'' Applicants state that the Funds may be under common control
and thus ``affiliated persons'' of

each other within the meaning of that term under section 2(a)(3) of the
Act by virtue of having CIM as their common investment adviser and/or
by reason of having common officers, directors and/or trustees.
    2. Section 6(c) of the Act provides that an exemptive order may be
granted where an 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 Act.
Section 17(b) of the Act generally provides that the Commission may
exempt a proposed transaction from the provisions of section 17(a)
provided that: (i) The terms of the transaction, including the
consideration to be paid or received, are fair and reasonable and do
not involve overreaching on the part of any person concerned; (ii) the
transaction is consistent with the policy of the investment company as
recited in its registration statement and reports filed under the Act;
and (iii) the transaction is consistent with the general purposes of
the Act. Applicants believe that the proposed arrangements satisfy
these standards for the reasons discussed below.
    3. Applicants assert that sections 17(a)(3) and 21(b) of the Act
were intended to prevent a party with strong potential adverse
interests to, and some influence over the investment decisions of, a
registered investment company from causing or inducing the investment
company to engage in lending transactions that unfairly inure to the
benefit of such party and that are detrimental to the best interests of
the investment company and its shareholders. Applicants assert that the
Facility transactions do not raise these concerns because: (i) CIM,
through the Fund Administration Department, would administer the
program as a disinterested fiduciary as part of its duties under the
investment management and administrative service agreements with each
Fund; (ii) all Interfund Loans would consist only of uninvested cash
reserves that the lending Fund otherwise would invest in short-term
repurchase agreements or other short-term instruments; (iii) the
Interfund Loans would not involve a significantly greater risk than
other such investments; (iv) the lending Fund would earn interest at a
rate higher than it could otherwise obtain through such other
investments; and (v) the borrowing Fund would pay interest at a rate
lower than otherwise available to it under its bank loan agreements and
avoid the up-front commitment fees associated with committed lines of
credit. Moreover, applicants assert that the other terms and conditions
that applicants propose also would effectively preclude the possibility
of any Fund obtaining an undue advantage over any other Fund.
    4. Section 17(a)(1) of the Act generally prohibits any affiliated
person of a registered investment company, or any affiliated person of
such a person, from selling securities or other property to the
investment company. Section 17(a)(2) of the Act generally prohibits any
affiliated person of a registered investment company, or any affiliated
person of such a person, from purchasing securities or other property
from the investment company. Section 12(d)(1) of the Act generally
prohibits any registered investment company from purchasing or
otherwise acquiring any security issued by any other investment company
except in accordance with the limitations set forth in that section.
    5. Applicants state that the obligation of a borrowing Fund to
repay an Interfund Loan could be deemed to constitute a security for
the purposes of sections 17(a)(1) and 12(d)(1) of the Act. Applicants
also state that a pledge of assets in connection with an Interfund Loan
could be construed as a purchase of the borrowing Fund's securities or
other property for purposes of section 17(a)(2) of the Act. Section
12(d)(1)(J) of the Act provides that the Commission may exempt persons
or transactions from any provision of section 12(d)(1) if and to the
extent that such exemption is consistent with the public interest and
the protection of investors. Applicants contend that the standards
under sections 6(c), 17(b), and 12(d)(1)(J) are satisfied for all the
reasons set forth above in support of their request for relief from
sections 17(a)(3) and 21(b) and for the reasons discussed below.
Applicants also state that the requested relief from section 17(a)(2)
of the Act meets the standards of section 6(c) and 17(b) because any
collateral pledged to secure an Interfund Loan would be subject to the
same conditions imposed by any other lender to a Fund that imposes
conditions on the quality of or access to collateral for a borrowing
(if the lender is another Fund) or the same or better conditions (in
any other circumstance).
    6. Applicants state that section 12(d)(1) was intended to prevent
the pyramiding of investment companies in order to avoid imposing on
investors additional and duplicative costs and fees attendant upon
multiple layers of investments. Applicants submit that the Facility
does not involve these abuses. Applicants note that there will be no
duplicative costs or fees to the Funds or their shareholders, and that
CIM, through the Fund Administration Department, will receive no
additional compensation for their services in connection with the
administration of the Facility. Applicants also note that the purpose
of the Facility is to provide economic benefits for all the
participating Funds and their shareholders.
    7. Section 18(f)(1) of the Act prohibits any open-end investment
company from issuing any senior security except that any such company
is permitted to borrow from any bank, provided, that immediately after
the borrowing, there is asset coverage of at least 300 per centum for
all borrowings of the company. Under section 18(g) of the Act, the term
``senior security'' generally includes any bond, debenture, note or
similar obligation or instrument constituting a security and evidencing
indebtedness. Applicants request exemptive relief under section 6(c)
from section 18(f)(1) to the limited extent necessary to permit a Fund
to borrow directly from other Funds.
    8. Applicants believe that granting relief under section 6(c) is
appropriate because the Funds would remain subject to the requirement
of section 18(f)(1) that all borrowings of a Fund, including combined
interfund and bank borrowings, have at least 300% asset coverage. Based
on the conditions and safeguards described in the application,
applicants also submit that to allow the Funds to borrow from other
Funds pursuant to the Facility is consistent with the purposes and
policies of section 18(f)(1).
    9. Section 17(d) of the Act and rule 17d-1 under the Act generally
prohibit any affiliated person of a registered investment company, or
any affiliated person of such a person, when acting as principal, from
effecting any transaction in which the investment company is a joint,
or joint and several participant, unless, upon application, the
transaction has been approved by an order of the Commission. Rule 17d-
1(b) under the Act provides that in passing upon an application filed
under the rule, the Commission will consider whether the participation
of the registered investment company in a joint enterprise, joint
arrangement, or profit-sharing plan on the basis proposed is consistent
with the provisions, policies and purposes of the Act and the extent to
which such participation is on a basis different from or less
advantageous than that of the other participants.
    10. Applicants assert that the purpose of section 17(d) is to avoid
overreaching

and unfair advantage to insiders. Applicants assert that the Facility
is consistent with the provisions, policies and purposes of the Act in
that it offers both reduced borrowing costs and enhanced returns on
loaned funds to all participating Funds and their shareholders.
Applicants note that each Fund would have an equal opportunity to
borrow and lend on equal terms consistent with its investment policies
and limitations. Applicants assert that each Fund's participation in
the Facility would be on terms that are no different from or less
advantageous than that of other participating Funds.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. The Interfund Loan Rate will be the average of the Repo Rate and
Bank Loan Rate.
    2. On each business day, the Fund Administration Department will
compare the Bank Loan Rate with the Repo Rate and will make cash
available for Interfund Loans only if the Interfund Loan Rate is: (i)
More favorable to the lending Fund than the Repo Rate; and (ii) more
favorable to the borrowing Fund than the Bank Loan Rate.
    3. If a Fund has outstanding bank borrowings, any Interfund Loans
to the Fund: (i) Will be at an interest rate equal to or lower than the
interest rate of any outstanding bank loan, (ii) will be secured at
least on an equal priority basis with at least an equivalent percentage
of collateral to loan value as any outstanding bank loan that requires
collateral, (iii) will have a maturity no longer than any outstanding
bank loan (and in any event not over seven days), and (iv) will provide
that, if an event of default by the Fund occurs under any agreement
evidencing an outstanding bank loan to the Fund, that event of default
will automatically (without need for action or notice by the lending
Fund) constitute an immediate event of default under the Interfund
Lending Agreement entitling the lending Fund to call the Interfund Loan
(and exercise all rights with respect to any collateral) and that such
call will be made if the lending bank exercises its right to call its
loan under its agreement with the borrowing Fund.
    4. A Fund may make an unsecured borrowing through the Facility if
its outstanding borrowings from all sources immediately after the
interfund borrowing total 10% or less of its total assets, provided
that if the Fund has a secured loan outstanding from any other lender,
including but not limited to another Fund, the Fund's interfund
borrowing will be secured on at least an equal priority basis with at
least an equivalent percentage of collateral to loan value as any
outstanding loan that requires collateral. If a Fund's total
outstanding borrowings immediately after an interfund borrowing would
be greater than 10% of its total assets, the Fund may borrow through
the Facility on a secured basis only. A Fund may not borrow through the
Facility or from any other source if its total outstanding borrowings
immediately after the interfund borrowing would be more than 33\1/3\%
of its total assets.
    5. Before any Fund that has outstanding interfund borrowings may,
through additional borrowings, cause its outstanding borrowings from
all sources to exceed 10% of its total assets, the Fund must first
secure each outstanding Interfund Loan by the pledge of segregated
collateral with a market value at least equal to 102% of the
outstanding principal value of the loan. If the total outstanding
borrowings of a Fund with outstanding Interfund Loans exceed 10% of its
total assets for any other reason (such as a decline in net asset value
or because of shareholder redemptions), the Fund will within one
business day thereafter: (i) Repay all its outstanding Interfund Loans,
(ii) reduce its outstanding indebtedness to 10% or less of its total
assets, or (iii) secure each outstanding Interfund Loan by the pledge
of segregated collateral with a market value at least equal to 102% of
the outstanding principal value of the loan until the Fund's total
outstanding borrowings cease to exceed 10% of its total assets, at
which time the collateral called for by this condition 5 shall no
longer be required. Until each Interfund Loan that is outstanding at
any time that a Fund's total outstanding borrowings exceed 10% is
repaid or the Fund's total outstanding borrowings cease to exceed 10%
of its total assets, the Fund will mark the value of the collateral to
market each day and will pledge such additional collateral as is
necessary to maintain the market value of the collateral that secures
each outstanding Interfund Loan at least equal to 102% of the
outstanding principal value of the Interfund Loan.
    6. No Fund may lend to another Fund through the Facility if the
loan would cause its aggregate outstanding loans through the Facility
to exceed 15% of the lending Fund's current net assets at the time of
the loan.
    7. A Fund's Interfund Loans to any one Fund shall not exceed 5% of
the lending Fund's net assets.
    8. The duration of the Interfund Loans will be limited to the time
required to receive payment for securities sold, but in no event more
than seven days. Loans effected within seven days of each other will be
treated as separate loan transactions for purposes of this condition 8.
    9. A Fund's borrowings through the Facility, as measured on the day
when the most recent loan was made, will not exceed the greater of 125%
of the Fund's total net cash redemptions for the preceding seven
calendar days or 102% of the Fund's sales fails for the preceding seven
calendar days.
    10. Each Interfund Loan may be called on one business day's notice
by a lending Fund and may be repaid on any day by a borrowing Fund.
    11. A Fund's participation in the Facility must be consistent with
its investment objectives and limitations and organizational documents.
    12. The Fund Administration Department will calculate total Fund
borrowing and lending demand through the Facility and allocate loans on
an equitable basis among the Funds without the intervention of any
portfolio manager of the Funds. The Fund Administration Department will
not solicit cash for the Facility from any Fund or prospectively
publish or disseminate loan demand data to portfolio managers. The Fund
Administration Department will invest any amounts remaining after
satisfaction of borrowing demand in accordance with the instructions of
each relevant portfolio manager or such remaining amounts will be
invested directly by the portfolio managers of the Funds.
    13. The Fund Administration Department will monitor the Interfund
Loan Rate and the other terms and conditions of the Interfund Loans
and, CIM, through the Fund Administration Department, will make a
quarterly report to the Board of each Fund concerning the participation
of the Fund in the Facility and the terms and other conditions of any
extension of credit under the Facility.
    14. The Board of each Fund, including a majority of Independent
Board Members, will:
    (a) Review, no less frequently than quarterly, the relevant Fund's
participation in the Facility during the preceding quarter for
compliance with the conditions of any order permitting such
transactions;
    (b) establish the Bank Loan Rate formula used to determine the
interest rate on Interfund Loans and review, no less frequently than
annually, the continuing appropriateness of the Bank Loan Rate formula;
and
    (c) review, no less frequently than annually, the continuing

appropriateness of the relevant Fund's participation in the Facility.
    15. In the event an Interfund Loan is not paid according to its
terms and the default is not cured within two business days from its
maturity or from the time the lending Fund makes a demand for payment
under the provisions of the Interfund Lending Agreement, CIM will
promptly refer the loan for arbitration to an independent arbitrator
selected by the Board of each Fund involved in the loan who will serve
as arbitrator of disputes concerning Interfund Loans.\2\ The arbitrator
will resolve any problem promptly, and the arbitrator's decision will
be binding on both Funds. The arbitrator will submit, at least
annually, a written report to the Board of each Fund setting forth a
description of the nature of any dispute and the actions taken by the
Funds involved to resolve the dispute.
---------------------------------------------------------------------------

    \2\ If the dispute involves Funds with different Boards, the
Board of each Fund will select an independent arbitrator that is
satisfactory to each Fund.
---------------------------------------------------------------------------

    16. Each Fund will maintain, and preserve for a period of not less
than six years from the end of the fiscal year in which any transaction
by it under the Facility occurred, the first two years in an easily
accessible place, written records of all such transactions setting
forth a description of the terms of the transactions, including the
amount, the maturity and the Interfund Loan Rate, the rate of interest
available at the time each Interfund Loan is made on overnight
repurchase agreements and bank borrowings, and such other information
presented to the Fund's Board in connection with the review required by
conditions 13 and 14.
    17. The Fund Administration Department will prepare and submit
(through CIM) to the Board of each Fund for review an initial report
describing the operations of the Facility and the procedures to be
implemented to ensure that all Funds are treated fairly. After
commencement of the Facility, the Fund Administration Department will
report on the operations of the credit facility at each Board's
quarterly meetings. In addition, each Fund's chief compliance officer,
as defined in rule 38a-1(a)(4) under the Act, shall prepare an annual
report for its Board each year that the Fund participates in the
Facility, which report evaluates the Fund's compliance with the terms
and conditions of the application and the procedures established to
achieve such compliance. Each Fund's chief compliance officer will also
annually file a certification pursuant to Item 77Q3 of Form N-SAR, as
such Form may be revised, amended, or superseded from time to time, for
each year that the Fund participates in the Facility, that certifies
that the Fund and CIM have established procedures reasonably designed
to achieve compliance with the terms and conditions of the order. In
particular, such certification will address procedures designed to
achieve the following objectives: (a) That the Interfund Loan Rate will
be higher than the Repo Rate, but lower than the Bank Loan Rate; (b)
compliance with the collateral requirements as set forth in the
application; (c) compliance with the percentage limitations on
interfund borrowing and lending; (d) allocation of interfund borrowing
and lending demand in an equitable manner and in accordance with
procedures established by the Board of each Fund; and (e) that the
Interfund Loan Rate does not exceed the interest rate on any third
party borrowings of a borrowing Fund at the time of the Interfund Loan.
    Additionally, each Fund's independent public accountants, in
connection with their audit examinations of the Fund, will review the
operation of the Facility for compliance with the conditions of the
application and their review will form the basis, in part, of the
auditor's report on internal accounting controls in Form N-SAR.
    18. No Fund will participate in the Facility upon receipt of
requisite regulatory approval unless it has fully disclosed in its
prospectus and/or statement of additional information all material
facts about its intended participation.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20738 Filed 8-29-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 15, 2011 (Volume 76, Number 50)]
[Rules and Regulations]
[Page 13880]
[DOCID:fr15mr11-2]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 312 and 314

[Docket No. FDA-2011-N-0130]

Investigational New Drug Applications and Abbreviated New Drug
Applications; Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Food and Drug Administration (FDA) is amending its
investigational new drug application (IND) regulations and abbreviated
new drug application regulations to correct inaccurate cross-references
to the IND regulations and the Federal Food, Drug, and Cosmetic Act
(the FD&C Act). This action is being taken to ensure accuracy and
clarity in the Agency's regulations.

DATES: This rule is effective March 15, 2011.

FOR FURTHER INFORMATION CONTACT: Olivia A. Pritzlaff, Center for Drug
Evaluation and Research, Food and Drug Administration, Bldg. 51, Rm.
6308, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-
3506.

SUPPLEMENTARY INFORMATION: FDA is amending its regulation in 21 CFR
312.83 to correct an inaccurate cross-reference to other sections of
the IND regulations. FDA is amending its regulation in 21 CFR 314.94 to
correct an inaccurate cross-reference to a section of the FD&C Act.
    Publication of this document constitutes final action on these
changes under the Administrative Procedure Act (5 U.S.C. 553). FDA has
determined that notice and public comment are unnecessary because this
amendment to the regulations provides only technical changes to correct
inaccurate cross-references to the IND regulations and the FD&C Act.

List of Subjects

21 CFR Part 312

    Drugs, Exports, Imports, Investigations, Labeling, Medical
research, Reporting and recordkeeping requirements, Safety.

21 CFR Part 314

    Administrative practice and procedure, Confidential business
information, Drugs, Reporting and recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts
312 and 314 are amended as follows:

PART 312--INVESTIGATIONAL NEW DRUG APPLICATION

0
1. The authority citation for 21 CFR part 312 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 355, 360bbb, 371;
42 U.S.C. 262.

Sec.  312.83  [Amended]

0
2. Section 312.83 is amended by removing ``312.34 and 312.35'' and by
adding in its place ``312.305 and 312.320''.

PART 314--APPLICATIONS FOR FDA APPROVAL TO MARKET A NEW DRUG

0
3. The authority citation for 21 CFR part 314 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 356a,
356b, 356c, 371, 374, 379e.

Sec.  314.94  [Amended]

0
4. Section 314.94 is amended in paragraph (a)(8)(iv) by removing
``505(j)(4)(D)'' and by adding in its place ``505(j)(5)(F)''.

    Dated: March 9, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-5946 Filed 3-14-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Proposed Rules]
[Page 56763-56765]
[DOCID:fr30se08-17]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1043; Directorate Identifier 2008-NM-036-AD]
RIN 2120-AA64

Airworthiness Directives; 328 Support Services GmbH Dornier Model
328-100 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    During overhaul on a Dornier 328-100 landing gear unit, parts of
the MLG (main landing gear) main body and trailing arm bushings have
been found corroded. Investigation showed that over time, these
bushings can migrate, creating the risk of corrosion in adjacent
areas. Such corrosion, if not detected, could cause damage to the
MLG, possibly resulting in MLG functional problems or failure.
* * * * *
Functional problems or failure of the MLG could result in the inability
of the MLG to extend or retract. The proposed AD would require actions
that are intended to address the unsafe condition described in the
MCAI.

DATES: We must receive comments on this proposed AD by October 30,
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington

98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1043;
Directorate Identifier 2008-NM-036-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0009, dated January 11, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    During overhaul on a Dornier 328-100 landing gear unit, parts of
the MLG (main landing gear) main body and trailing arm bushings have
been found corroded. Investigation showed that over time, these
bushings can migrate, creating the risk of corrosion in adjacent
areas. Such corrosion, if not detected, could cause damage to the
MLG, possibly resulting in MLG functional problems or failure.
    Based on these findings, the existing mandatory retrofit
limitation (as required by Airworthiness Limitations Document under
Section E ``Mandatory Retrofit Items'' since 16 September 1998) for
the MLG bushings at 15,000 FC (flight cycles) has been amended with
`` * * * or 6 calendar years time-in-service (TIS), whichever occurs
first''.
    For the reasons described above, this [EASA] Airworthiness
Directive requires the implementation of the revised mandatory
retrofit limitation and modification of MLG bushings that have
exceeded the new limit.

Functional problems or failure of the MLG could result in the inability
of the MLG to extend or retract. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    328 Support Services GmbH has issued Dornier Service Bulletin SB-
328-32-245, Revision 2, dated November 21, 2007; and Dornier 328
Temporary Revision (TR) ALD-084, dated November 7, 2005, to the Dornier
328 Airworthiness Limitations Document. Messier-Dowty has issued
Service Bulletin 800-32-014, Revision 1, dated July 19, 1999. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 13 products of U.S. registry. We also estimate that
it would take about 28 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $10,000 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $159,120, or $12,240 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

    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]

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

328 Support Services GmbH (Formerly, AvCraft Aerospace GmbH,
formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt GmbH):
Docket No. FAA-2008-1043; Directorate Identifier 2008-NM-036-AD.

Comments Due Date

    (a) We must receive comments by October 30, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 328 Support Services GmbH Dornier Model
328-100 airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing
gear.

Reason

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

    During overhaul on a Dornier 328-100 landing gear unit, parts of
the MLG (main landing gear) main body and trailing arm bushings have
been found corroded. Investigation showed that over time, these
bushings can migrate, creating the risk of corrosion in adjacent
areas. Such corrosion, if not detected, could cause damage to the
MLG, possibly resulting in MLG functional problems or failure.
    Based on these findings, the existing mandatory retrofit
limitation (as required by Airworthiness Limitations Document under
Section E ``Mandatory Retrofit Items'' since 16 September 1998) for
the MLG bushings at 15,000 FC (flight cycles) has been amended with
``* * * or 6 calendar years time-in-service (TIS), whichever occurs
first''.
    For the reasons described above, this [EASA] Airworthiness
Directive requires the implementation of the revised mandatory
retrofit limitation and modification of MLG bushings that have
exceeded the new limit.

Functional problems or failure of the MLG could result in the
inability of the MLG to extend or retract.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Modify the MLG main body and trailing arm bushings at the
applicable time specified in paragraph (f)(1)(i) or (f)(1)(ii) of
this AD, or within 12 months after the effective date of this AD,
whichever occurs later. Do the modification in accordance with the
instructions of Dornier Service Bulletin SB-328-32-245, Revision 2,
dated November 21, 2007; and Messier-Dowty Service Bulletin 800-32-
014, Revision 1, dated July 19, 1999.
    (i) For airplanes on which the bushings have not been replaced
as of the effective date of this AD: Before the MLG accumulates
15,000 flight cycles or 6 years, whichever occurs first.
    (ii) For airplanes on which the bushings have been replaced as
of the effective date of this AD: Before the MLG exceeds 15,000
flight cycles or 6 years after replacement of the bushings,
whichever occurs first.
    (2) Within 1 month after the effective date of this AD: Revise
the Airworthiness Limitations (AWL) section of the Instructions for
Continued Airworthiness by incorporating the information in Dornier
328 Temporary Revision (TR) ALD-084, dated November 7, 2005, into
Section E, ``Mandatory Retrofit Items'' of the Dornier 328
Airworthiness Limitations Document (ALD).

    Note 1: The actions required by paragraph (f)(2) of this AD may
be done by inserting a copy of Dornier 328 TR ALD-084 into Section E
of the Dornier 328 ALD.

    (3) After doing the replacement required by paragraph (f)(1) of
this AD, no person may install, on any airplane, a MLG unit as a
replacement part, unless it has been modified in accordance with
paragraph (f)(1) of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2125; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0009, dated January 11, 2008; Messier-Dowty Service
Bulletin 800-32-014, Revision 1, dated July 19, 1999; Dornier
Service Bulletin SB-328-32-245, Revision 2, dated November 21, 2007;
and Dornier 328 TR ALD-084, dated November 7, 2005, to the Dornier
328 Airworthiness Limitations Document; for related information.

    Issued in Renton, Washington, on September 20, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-22907 Filed 9-29-08; 8:45 am]

BILLING CODE 4910-13-P