[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Notices]
[Page 38266]
[FR Doc No: 2011-16279]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2011-28]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before July 19, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2011-
0618 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones<PHONE_NUMBER>, Tyneka
Thomas<PHONE_NUMBER>, or David Staples<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 22, 2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2011-0618.
    Petitioner: Delta Air Lines, Inc.
    Section of 14 CFR Affected: 14 CFR 121.333(e)(2).
    Description of Relief Sought: Delta requests relief to allow an
airplane following a cabin depressurization event to initially descend
to 14,000 feet and subsequently descend to 10,000 feet no later than 30
minutes after the initial depressurization event, without carrying the
additional supplemental oxygen that's required.
[FR Doc. 2011-16279 Filed 6-28-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68055-68056]
[FR Doc No: 2013-27055]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0346; FRL--9902-48-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Area Sources: Acrylic and
Modacrylic Fibers Production, Carbon Black Production, Chemical
Manufacturing: Chromium Compounds, Flexible Polyurethane Foam
Production and Fabrication, Lead Acid Battery Manufacturing, and Wood
Preserving (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Area Sources:
Acrylic and Modacrylic Fibers Production, Carbon Black Production,
Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam
Production and Fabrication, Lead Acid Battery Manufacturing, and Wood
Preserving (40 CFR Part 63, Subparts LLLLLL, MMMMMM, NNNNNN, OOOOOO,
PPPPPP, and QQQQQQ) (Renewal)'' (EPA ICR No. 2256.04, OMB Control No.
2060-0598), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq). This is a proposed extension of the ICR, which is currently
approved through December 31, 2013. Public comments were previously
requested via the Federal Register (78 FR 33409) on June 4, 2013 during
a 60-day comment period. This notice allows for an additional 30 days
for public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An Agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before December 13,
2013.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2013-0346, to: (1) EPA online, using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Supporting documents which explain in detail the information that
the EPA will be collecting are available in the public docket for this
ICR. The docket can be viewed online at www.regulations.gov or in
person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The telephone number for the Docket Center is
202-566-1744. For additional information about EPA's public docket,
visit: http://www.epa.gov/dockets.
    Abstract: EPA established national emission standards for hazardous
air pollutants (NESHAP) for seven area source categories. The
requirements for two area source categories (Flexible Polyurethane Foam
Production and Flexible Polyurethane Foam Fabrication) are combined in
one subpart. The standards include emissions limitations and work
practice requirements for new and existing plants based on the
generally available control technology or management practices (GACT)
for each area source category. Potential respondents include 1 existing
acrylic and modacrylic production facility, 2 existing chromium product
manufacturing facilities, 500 existing flexible polyurethane foam
production and fabrication facilities, 60 existing lead acid battery
manufacturing facilities, and 393 existing wood preserving facilities.
The total annual responses attributable to this ICR for existing
sources are two one-time notifications; some existing facilities may be
required to prepare a startup, shutdown, and malfunction plan, perform
additional monitoring and recordkeeping, and/or conduct an initial
performance test. The owner or operator of a new area source would be
required to comply with all requirements of the General Provisions (40
CFR part 63, subpart A). No burden estimates are provided for new area
sources because no new facilities are expected during the next 3 years.
    Form Numbers: None.
    Respondents/affected entities: Acrylic and modacrylic fibers
production, carbon black production, chemical manufacturing: Chromium
compounds, flexible polyurethane foam production and fabrication, lead
acid battery manufacturing, and wood preserving facilities
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subparts LLLLLL, MMMMMM, NNNNNN, OOOOOO, PPPPPP, and QQQQQQ)
    Estimated number of respondents: 956 (total).
    Frequency of response: Initially, semiannually, and occasionally.
    Total estimated burden: 3,217 hours (per year). ``Burden'' is
defined at 5 CFR 1320.3(b).
    Total estimated cost: $314,627 (per year), which includes no
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an overall decrease in the
respondent and Agency burden in this ICR compared to the most-recently
approved ICR. The decrease in burden and cost estimates occurred
because the standard has been in effect for more than three years and
the requirements are different during initial compliance as compared to
on-going compliance. The previous ICR reflected those burdens and costs

associated with initial activities such as submitting initial
notifications, conducting performance tests, and establishing SSM
plans. This ICR reflects the on-going burden and costs for existing
facilities, including submitting semiannual reports. Note the standard
does not impose regular reporting requirements for all subject area
source sectors.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013-27055 Filed 11-12-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61547-61549]
[DOCID:fr05oc10-152]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63004; File No. SR-Phlx-2010-126]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Regarding
Individual Stock Trading Pauses

September 29, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 22, 2010, NASDAQ OMX PHLX LLC (``PHLX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend PHLX Rule 3100(a)(4) to add
securities included in the Russell 1000[reg] Index
(``Russell 1000'') and specified Exchange Traded Products (``ETP'') to
the definition of Circuit Breaker Securities. The text of the proposed
rule change is available from the Exchange's Web site at http://
nasdaqomxphlx.cchwallstreet.com, at the Exchange's principal office,
and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below, and is set forth in Sections A, B, and C below.

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

1. Purpose
    The Exchange proposes to amend Rule 3100(a)(4) to add securities
included in the Russell 1000[reg] Index (``Russell 1000'')
and specified Exchange Traded Products (``ETPs'') to the definition of
Circuit Breaker Securities. For purposes of this filing, ETPs include
Exchange Traded Funds (``ETFs''),\3\ Exchange Traded Vehicles
(``ETVs''),\4\ and Exchange Traded Notes (``ETNs'').\5\
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    \3\ An ETF is an open-ended registered investment company under
the Investment Company Act of 1940 that has received certain
exemptive relief from the Commission to allow secondary market
trading in the ETF shares. ETFs are generally index-based products,
in that each ETF holds a portfolio of securities that is intended to
provide investment results that, before fees and expenses, generally
correspond to the price and yield performance of the underlying
benchmark index.
    \4\ An ETV tracks the underlying performance of an asset or
index, allowing investor's exposure to underlying assets such as
futures contracts, commodities, and currency without actually
trading futures or taking physical delivery of the underlying asset.
An ETV is traded intraday like an ETF. An ETV is an open-ended trust
or partnership unit that is registered under the Securities Act of
1933.
    \5\ An ETN is a senior unsecured debt obligation designed to
track the total return of an underlying index, benchmark or
strategy, minus investor fees. ETNs are registered under the
Securities Act of 1933 and are redeemable to the issuer.
---------------------------------------------------------------------------

    The primary listing markets for U.S. stocks recently amended their
rules so that they may, from time to time, issue a trading pause for an
individual security if the price of such security moves 10% or more
from a sale in a preceding five-minute period.\6\ In connection with
its resumption of trading of NMS Stocks through the NASDAQ OMX PSX
(``PSX'') system, the Exchange recently adopted Rule 3100(a)(4) \7\ to
pause trading in an individual stock when the primary listing market
for such stock issues a trading pause in any Circuit Breaker
Securities, as defined in the rule. The rule is in effect on a pilot
basis until December 10, 2010. Originally, the pilot list of Circuit
Breaker Securities comprised all securities included in the S&P
500[reg] Index (``S&P 500''). On September 10, 2010, the
Commission approved filings by exchanges other than the Exchange to
expand the list of Circuit Breaker Securities.\8\ Accordingly, the
Exchange is submitting this filing to conform its pilot list to the
list just approved for other exchanges. Specifically, the Exchange
proposes to add the securities included in the Russell 1000 and
specified ETPs to the pilot. The pilot list of ETPs is provided in
Exhibit 3. The Exchange believes that adding these securities would
begin to address concerns raised by some parties that the scope of the
original pilot may be too narrow, while at the same time recognizing
that during the pilot period, the markets will continue to review
whether and when to add additional securities to the pilot and whether
the parameters of the rule should be adjusted for different securities.
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    \6\ Securities Exchange Act Release No. 62252 (June 10, 2010),
75 FR 34186 (June 16, 2010) (SR-BATS-2010-014; SR-EDGA-2010-01; SR-
EDGX-2010-01; SR-BX-2010-037; SR-ISE-2010-48; SR-NYSE-2010-39; SR-
NYSEAmex-2010-46; SR-NYSEArca-2010-41; SR-NASDAQ-2010-061; SR-CHX-
2010-10; SR-NSX-2010-05; SR-CBOE-2010-047).
    \7\ Securities Exchange Act Release No. 62877 (September 9,
2010), 75 FR 56633 (September 16, 2010) (SR-PHLX-2010-79).
    \8\ Securities Exchange Act Release No. 62884 (September 10,
2010), 75 FR 56618 (September 16, 2010) (SR-BATS-2010-018; SR-BX-
2010-044; SR-CBOE-2010-065; SR-CHX-2010-14; SR-EDGA-2010-05; SR-
EDGX-2010-05; SR-ISE-2010-66; SR-NASDAQ-2010-079; SR-NYSE-2010-49;
SR-NYSEAmex-2010-63; SR-NYSEArca-2010-61; SR-NSX-2010-08).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\9\ in general, and with
Sections 6(b)(5) of the Act,\10\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
rule change is also designed to support the principles of Section
11A(a)(1) \11\ of the Act in that it seeks to assure fair competition
among brokers and dealers and among exchange markets. The Exchange
believes that the proposed rule meets these requirements in that it
promotes uniformity across markets concerning decisions to pause
trading in a security when there are significant price movements.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act \12\
and Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \14\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay as it has recently
received approval to initiate trading on PSX and plans to do so on
October 8, 2010. In order to ensure that the Exchange's rules on
individual stock trading pauses are consistent with the recently
approved changes to the rules of other markets, the Exchange wants to
be able to implement these pauses concurrent with the initiation of
trading on PSX. For this reason, the Commission believes that waiving
the

30-day operative delay \15\ is consistent with the protection of
investors and the public interest. Therefore, the Commission designates
the proposal operative upon filing.
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-126 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2010-126. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Phlx-2010-126 and should be submitted on or before October 26, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-24896 Filed 10-4-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Page 43954]
[FR Doc No: 2015-18197]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0063]

Safety Zones; Annual Firework Displays Within the Captain of the
Port, Puget Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zones for annual
firework displays in the Captain of the Port, Puget Sound Zone during
the dates and times noted below. This action is necessary to prevent
injury and to protect life and property of the maritime public from the
hazards associated with the firework displays. During the enforcement
periods, entry into, transit through, mooring, or anchoring within
these zones is prohibited unless authorized by the Captain of the Port,
Puget Sound or Designated Representative.

DATES: The regulations in 33 CFR 165.1332 will be enforced during the
dates and times noted below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call or email Petty Officer Ryan Griffin, Sector Puget
Sound Waterways Management, Coast Guard; telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones established for Annual Fireworks Displays within the Captain of
the Port, Puget Sound Area of Responsibility in 33 CFR 165.1332 during
the dates and times noted below.
    The following safety zone will be enforced from 5:00 p.m. on
September 12, 2015 through 1:00 a.m. on September 13, 2015: Mukilteo
Lighthouse Festival, Possession Sound, 47[deg]56.9' N., 122[deg]18.6'
W.
    The special requirements listed in 33 CFR 165.1332 apply to the
activation and enforcement of these safety zones.
    All vessel operators who desire to enter the safety zone must
obtain permission from the Captain of the Port or Designated
Representative by contacting the Coast Guard Sector Puget Sound Joint
Harbor Operations Center (JHOC) on VHF Ch 13 or Ch 16 or via telephone
at<PHONE_NUMBER>.
    The Coast Guard may be assisted by other Federal, State, or local
law enforcement agencies in enforcing this regulation.
    This notice of enforcement is issued under authority of 33 CFR
165.1332 and 33 CFR 165 and 5 U.S.C. 552(a). In addition to this
notice, the Coast Guard will provide the maritime community with
extensive advanced notification of the safety zones via the Local
Notice to Mariners and marine information broadcasts on the day of the
events.

    Dated: July 8, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-18197 Filed 7-23-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Proposed Rules]
[Pages 60658-60660]
[FR Doc No: 2012-24472]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1039; Directorate Identifier 2011-NM-275-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A319-112, -113, and -132 airplanes; Model A320-
211, -212, -214, -231, and -232 airplanes; and Model A321-111 and -131
airplanes. This proposed AD was prompted by a report of two fatigue
cracks on the left-hand and right-hand sides of the continuity fittings
at the front windshield lower framing on a Model A319 airplane. This
proposed AD would require a high frequency eddy current (HFEC)
inspection for any cracking on the left-hand and right-hand sides of
the windshield central lower node continuity fittings, and repair if
necessary. We are proposing this AD to detect and correct cracking of
the windshield central lower node continuity fittings, which could
reduce the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by November 19,
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; 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-2012-1039;
Directorate Identifier 2011-NM-275-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 2011-0231, dated December 9, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    One operator reported finding two fatigue cracks on continuity
fittings at left-hand (LH) and right-hand (RH) sides at the front
windshield lower framing on an A319 aeroplane on which Airbus
modification (mod.) 22058 had been embodied in production. Airbus
mod. 22058 (which is included in Airbus mod. 21999) was introduced
to improve the fatigue strength of the windshield front framing by
increasing the thickness of framing flanges adjacent to the
concerned fittings.
    Further analyses have demonstrated that the damage tolerance and
fatigue requirements of JAR 25.571 (b) are not met on aeroplanes in
post-mod. 22058 configuration.
    This condition, if not detected and corrected, could reduce the
structural integrity of the affected aeroplanes.

Required actions include an HFEC inspection for any cracking on the
left-hand and right-hand sides of the windshield central lower node
continuity fittings, and repair if

necessary. You may obtain further information by examining the MCAI in
the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-53-1245, Revision 01,
including Appendix 1, dated May 17, 2011. 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 105 products of U.S. registry. We also estimate that
it would take about 20 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $178,500, or $1,700 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

Regulatory Findings

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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:

Airbus: Docket No. FAA-2012-1039; Directorate Identifier 2011-NM-
275-AD.

(a) Comments Due Date

    We must receive comments by November 19, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-112, -113, and -132
airplanes; Model A320-211, -212, -214, -231, and -232 airplanes; and
Model A321-111 and -131 airplanes; certificated in any category;
manufacturer serial numbers 0259, 0260, 0264, 0266 through 0270
inclusive, 0275, 0276, 0278, 0287, 0296, 0300, 0303, 0312, 0320,
0321, 0323, 0325, 0328, 0332, 0334, 0335, 0337, 0346, 0352, 0353,
0356, 0365, 0369, 0375, 0377, 0382, 0383, 0396, 0398, 0401, 0412,
0413, 0416, 0419, 0421, 0431, 0432, 0438, 0440, 0441, 0445, 0453,
0458, 0459, 0466, 0468, 0473, 0474, 0482, 0484, 0491, 0493, 0497,
0498, 0501, 0502, 0505, 0507, 0509, 0518, 0520, 0521, 0529, 0531,
0534, 0537, 0538, 0544, 0549, 0554, 0555, 0560, 0563, 0577, 0578,
0585, 0598, 0600, 0608, 0612, 0618, 0621, 0625, 0637, 0660, 0685,
0976, 1010, 1092, 1096, 1103, 1139, 1143, 1158, 1251, 1356, and
1511.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of two fatigue cracks on the
left-hand and right-hand sides of the continuity fittings at the
front windshield lower framing on a Model A319 airplane. We are
issuing this AD to detect and correct cracking of the windshield
central lower node continuity fittings, which could reduce the
structural integrity of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspection and Corrective Action

    Before the accumulation of 34,000 total flight cycles since the
airplane's first flight, or within 4,500 flight cycles after the
effective date of this AD, whichever occurs later: Perform a high
frequency eddy current (HFEC) inspection for any cracking on the
left-hand and right-hand sides of the windshield central lower node
continuity fittings, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-53-1245, Revision 01,
including Appendix 1, dated May 17, 2011. If any cracking is found,
before next flight, repair using a method approved by the Manager,
International Branch, ANM-116, FAA, or the European Aviation Safety
Agency (EASA) (or its delegated agent).

(h) Reporting Requirement

    Submit a report of the findings (both positive and negative) of
the inspection required by paragraph (g) of this AD to Airbus,
Customer Service Directorate, Attn: SDC32 Technical Data and
Documentation Services, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France; fax +33 5 61 93 28 06; email<EMAIL_ADDRESS>
at the applicable time specified in paragraph (h)(1) or (h)(2) of
this AD.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD,

if those actions were performed before the effective date of this AD
using Airbus Service Bulletin A320-53-1245, including Appendix 1,
dated March 2, 2011, which is not incorporated by reference in this
AD.

(j) Other FAA AD Provisions

    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. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (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: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(k) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2011-0231, dated
December 9, 2011; and Airbus Service Bulletin A320-53-1245, Revision
01, including Appendix 1, dated May 17, 2011; for related
information.
    (2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 27, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-24472 Filed 10-3-12; 8:45 am]
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[Federal Register: October 30, 2008 (Volume 73, Number 211)]
[Notices]
[Page 64612-64613]
[DOCID:fr30oc08-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the Record Communications; Public Notice

October 24, 2008.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable

proceeding in accordance with Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e) (1) (v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Exempt:

----------------------------------------------------------------------------------------------------------------
                  Docket No.                    File date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
1. CP06-365-000, CP06-366-000, CP06-376-000,       10-2-08  Margaret Collins.\1\
 CP06-377-000.
2. CP06-365-000, CP06-366-000, CP06-376-000,       10-2-08  Lori Durheim.
 CP06-377-000.
3. CP06-365-000, CP06-366-000, CP06-376-000,       10-2-08  Sandi Fitts-Freeman.
 CP06-377-000.
4. CP06-365-000, CP06-366-000, CP06-376-000,       10-2-08  Ron Sadler.
 CP06-377-000.
5. CP06-365-000, CP06-366-000, CP06-376-000,       10-2-08  Paul Sansone.
 CP06-377-000.
6. CP08-31-000...............................     10-16-08  Hon. Arlen Specter.
7. CP08-475-000..............................      10-7-08  Hon. John Hoeven.
8. P-2438-000................................      9-30-08  Hon. John R. Kuhl, Jr.
9. P-10822-000, et al........................      10-8-08  Hon. Christopher J. Dodd.
                                                            Hon. Joseph Lieberman.
                                                            Hon. Christopher S. Murphy.
----------------------------------------------------------------------------------------------------------------
\1\ One of five emails (nos. 1-5 of this notice) commenting on Commission decision in the Bradwood Landing
  proceeding.

Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. E8-25915 Filed 10-29-08; 8:45 am]

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[Federal Register: July 31, 2008 (Volume 73, Number 148)]
[Rules and Regulations]
[Page 44628-44630]
[DOCID:fr31jy08-5]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0821; Directorate Identifier 2008-NE-20-AD;
Amendment 39-15619; AD 2008-16-01]
RIN 2120-AA64

Airworthiness Directives; General Electric Co. (GE) CF34-8E
Series Turbofan Engines

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

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for GE
CF34-8E series turbofan engines with certain part number (P/N) full
authority digital engine controls (FADECs) installed. This AD requires
reprogramming the FADEC software from version 8Ev5.40 to an FAA-
approved software version. This AD results from six loss of thrust
control events from the same software fault scenario. We are issuing
this AD to prevent loss of thrust control and controllability of the
airplane.

DATES: This AD becomes effective August 15, 2008.
    We must receive any comments on this AD by September 29, 2008.

ADDRESSES: Use one of the following addresses to comment on this AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: U.S. Docket Management Facility, Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Contact General Electric Company via Lockheed Martin Technology
Services, 10525 Chester Road, Suite C, Cincinnati, Ohio 45215;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for the service
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Kenneth Steeves, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We have received reports of six events on
CF34-8E turbofan engines that resulted in loss of thrust control. On
March 2, 2008, the No. 1 engine on an ERJ 170 experienced a fluctuation
of the interstage turbine temperature during decent that resulted in
changes in thrust. The crew shut down the engine. On May 12, 2008, an
ERJ 170 was at cruise when the ENG 2 Control Fault posted to the Engine
Indicating and Crew Alerting System (EICAS) display. The FADEC software
commanded the number two engine to idle and there was no response to
throttle movement by the crew. The crew shut down the engine. Four more
similar events occurred on May 29, June 10, June 14, and July 10, 2008,
all resulting in loss of thrust control with an ENG 1 or 2 Control
Fault message posted to the EICAS. Our investigation revealed that all
events resulted from the same software fault scenario. We attribute the
fault to FADEC software version 8Ev5.40. This condition, if not
corrected, could result in loss of thrust control and controllability
of the airplane.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or
develop on other GE CF34-8E series turbofan engines of the same type
design. For that reason, we are issuing this AD to prevent loss of
thrust control and controllability of the airplane.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate
adoption of this AD, we have found that notice and opportunity for
public comment before issuing this AD are impracticable, and that good
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to send us any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``AD Docket No. FAA-2008-0821;
Directorate Identifier 2008-NE-20-AD'' in the subject line of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify it.
    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
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

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

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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Under the authority delegated to me by the Administrator, the Federal
Aviation Administration amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-16-01 General Electric Co.: Amendment 39-15619. Docket No. FAA-
2008-0821; Directorate Identifier 2008-NE-20-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August
15, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to General Electric Co. (GE) CF34-8E series
turbofan engines with full authority digital electronic controls
(FADECs), part numbers (P/N) 4120T00P47, 4120T00P48, 111E9320G48, or
111E9320G49, installed. These engines are installed on, but not
limited to, Empresa Brasileira de Aeronautica S.A. (EMBRAER) ERJ 170
series airplanes.

Unsafe Condition

    (d) This AD results from six loss of thrust control events from
the same software fault scenario. We are issuing this AD to prevent
loss of thrust control and controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within

660 flight hours time-in-service after the effective date of this
AD, unless the actions have already been done.

Removal of CF34-8E FADEC Software Version 8Ev5.40

    (f) For CF34-8E engines with a FADEC, P/N 4120T00P47,
4120T00P48, 111E9320G48, or 111E9320G49, installed, do either of the
following:
    (1) Replace the FADEC, P/N 4120T00P47, 4120T00P48, 111E9320G48,
or 111E9320G49, with a FADEC P/N not listed in paragraph (c) of this
AD. Or,
    (2) For CF34-8E engines with a FADEC, P/N 4120T00P47,
4120T00P48, 111E9320G48, or 111E9320G49, installed, reprogram the
FADEC software to an FAA approved version.

Installation Prohibition

    (g) After the effective date of this AD, don't install any
FADEC, P/N 4120T00P47, 4120T00P48, 111E9320G48, or 111E9320G49, onto
any CF34-8E engine.

Alternative Methods of Compliance

    (h) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Related Information

    (i) General Electric Alert Service Bulletin CF34-8E-AL S/B 73-
A0019, dated June 17, 2008, contains information on removing
software version 8Ev5.40 and installing an FAA-approved FADEC
software version.
    (j) Contact Kenneth Steeves, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (781) 238-
7199, for more information about this AD.

Material Incorporated by Reference

    (k) None.

    Issued in Burlington, Massachusetts, on July 23, 2008.
Carlos Pestana,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E8-17422 Filed 7-30-08; 8:45 am]

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