[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Proposed Rules]
[Pages 8575-8577]
[FR Doc No: 2015-02683]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0086; Directorate Identifier 2014-NM-191-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 all
Airbus Model A310-203 airplanes. This proposed AD is intended to
complete certain mandated programs intended to support the airplane
reaching its limit of validity (LOV) of the engineering data that
support the established structural maintenance program. This proposed
AD was prompted by reports that side link clevis bolts of the front
engine mount do not meet the Design Service Goal (DSG) requirements on
airplanes equipped with General Electric Company CF6-80A3 engines. This
proposed AD would require repetitive replacement of all side link
clevis engine mount bolts. We are proposing this AD to prevent failure
of the front engine mount, and consequent possible departure of the
engine.

DATES: We must receive comments on this proposed AD by April 6, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAW, 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 view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0086; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this 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, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-
2125; 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-2015-0086;
Directorate Identifier 2014-NM-191-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

    As described in FAA Advisory Circular 120 104 (http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), several programs
have been developed to support initiatives that will ensure the
continued airworthiness of aging airplane structure. The last element
of those initiatives is the requirement to establish a LOV of the
engineering data that support the structural maintenance program under
14 CFR 26.21. This proposed AD is the result of an assessment of the
previously established programs by Airbus during the process of
establishing the LOV for Airbus Model A310-203 airplanes. The actions
specified in this proposed AD are necessary to complete certain
programs to ensure the continued airworthiness of aging airplane
structure and to support an airplane reaching its LOV.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0191, dated August 29, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A310-203 airplanes. The MCAI states:

    During fatigue analysis performed in the scope of the Extended
Service Goal, taking into account the certification loads and the
new lift-off loads, Airbus determined that side link clevis engine
mount bolts do not meet the Design Service Goal (DSG) requirements
on aeroplanes equipped with CF6-80A3 engines.
    This condition, if not corrected, could lead to failure of the
front engine mount, possibly resulting in-flight separation of the
engine from the aeroplane.
    To address this potential unsafe condition, Airbus issued
Service Bulletin (SB) A310-71-2038 to introduce a life limit on the
side link clevis engine mount bolts.
    For the reason described above, this [EASA] AD requires
implementation of the new life limit and replacement of all side
link clevis engine mount bolts that have exceeded the new limit.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0086.

Relevant Service Information Under 1 CFR Part 51

    Airbus has issued Mandatory Service Bulletin A310-71-2038,
including Appendices 01 and 02, dated April 8, 2014. The service
information describes procedures for replacement of all side link
clevis bolts on the CF6-80A3 front engine mount and subsequent re-
identification of the newly installed bolts with a cross (to
differentiate them from the old ones). The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI. This service information is reasonably
available; see ADDRESSES for ways to access this service information.

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

    We estimate that this proposed AD affects 13 airplanes of U.S.
registry.
    We also estimate that it would take about 142 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $2,900 per product. Based on these figures, we estimate the cost
of this proposed AD on U.S. operators to be $194,610, or $14,970 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2015-0086; Directorate Identifier 2014-NM-
191-AD.

(a) Comments Due Date

    We must receive comments by April 6, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A310-203 airplanes, certificated
in any category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by reports that side link clevis bolts of
the front engine mount do not meet the Design Service Goal (DSG)
requirements on airplanes equipped with General Electric Company
CF6-80A3 engines. We are issuing this AD to prevent failure of the
front engine mount, and consequent possible departure of the engine.

(f) Compliance

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

(g) Repetitive Bolt Replacement

    Within 18 months after the effective date of this AD, replace
the side link clevis bolts, nuts, and bushings of the front engine
mount on both engines, and re-identify the new installed bolts with
a cross (to differentiate them from the old ones), in accordance
with the Accomplishment Instructions of Airbus Mandatory Service
Bulletin A310-71-2038, including Appendices 01 and 02, dated April
8, 2014. Repeat the replacement thereafter at intervals not to
exceed 29 years.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; 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) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0191, dated August 29,
2014, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-0086.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 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 view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on January 30, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-02683 Filed 2-17-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 6, 2006 (Volume 71, Number 4)]
[Proposed Rules]
[Page 890-892]
[DOCID:fr06ja06-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-VA-0015; FRL-8019-8]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; NSR in the Ozone Transport Region

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action is being taken under the Clean Air Act (CAA or the
Act). EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Virginia. This revision
pertains to changes in the State's regulations that require
implementation of nonattainment New Source Review (NSR) in the Ozone
Transport Region (OTR) locations in Virginia.

DATES: Written comments must be received on or before February 6, 2006.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2005-VA-0015 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2005-VA-0015, David Campbell, Chief, Permits
and Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2005-VA-0015. EPA's policy is that all comments received will be
included in the public docket without change, and may be made available
online at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The www.regulations.gov Web site is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy during normal business hours at the

Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On March 28, 2005, the Virginia Department
of Environmental Quality submitted a SIP revision approval request
entitled, ``NSR in the Ozone Transport Region (OTR).'' The applicable
regulations requiring implementation of nonattainment NSR in the
Virginia portion of the OTR were adopted by the Virginia State Air
Pollution Control Board on September 29, 2004.

I. Background

    The Clean Air Act requires that 13 states including the District of
Columbia submit revisions to their State Implementation Plans that will
require major new and major modified sources of volatile organic
compounds (VOC) or nitrogen oxides (NOX) to meet certain new
source review (NSR) requirements if they are located (or are proposing
to locate) in the Ozone Transport Region.
    Section 184 of the Act establishes the OTR, which consists of the
states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont,
and the Consolidated Metropolitan Statistical Area that includes the
District of Columbia and portions of Virginia. The areas designated as
in the Virginia portion of the OTR are as follows: Arlington County,
Fairfax County, Loudoun County, Prince William County, Stafford County,
Alexandria

City, Fairfax City, Falls Church City, Manassas City, and Manassas Park
City.

II. Summary of SIP Revision

    The Commonwealth of Virginia amended its regulations to clarify
that areas located in the Virginia portion of the OTR must meet the
requirements of Virginia Code Article 9 VAC 5 Chapter 80 (Permits for
Major Stationary Sources and Major Modifications Locating in
Nonattainment Areas) as if they were classified as moderate
nonattainment for ozone, except that the threshold for major stationary
sources of VOCs would be 50 tons instead of 100 tons. The changes that
are reflected in this requested SIP revision are those that identify
and define the OTR locations in Virginia while providing direction to
what State regulations sources will need to follow when they are either
planning to locate in or are already located in the Virginia portion of
the OTR. Changes were made to the State provisions at 9 VAC 5-80-2000,
Applicability and 9 VAC 5-80-2010, Definitions.
    Sources in the Virginia portion of the OTR are also required to
meet offset requirements in 9 VAC 5-80-2120 B 2 for areas classified as
moderate nonattainment for ozone. These provisions require all
increases of VOC and/or NOX emissions attributable to the
new or modified source to be offset with emission reductions elsewhere
in the Virginia portion of the OTR at a ratio of 1.15 to 1.00.
    The SIP revision will amend the SIP to add new regulatory language
indicating that sources in the Virginia portion of the OTR are subject
to the requirements of 9 VAC 5-80-2000, et seq. regardless of the
nonattainment status of the area where the source is located. The SIP
revision also provides that sources located or planning to locate in
areas within the OTR that are classified as ``serious'' or ``severe''
nonattainment areas are required to meet the respective emission
thresholds listed within the State's definition of a ``major stationary
source'' at 9 VAC 5-80-2010 C Section a(1) and (2) and the more
restrictive offset requirements located in 9 VAC 5-80-2120 B 3 and B 4,
respectively.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.'' Therefore,
EPA has determined that Virginia's Privilege and Immunity statutes will
not preclude the Commonwealth from enforcing its NSR program consistent
with the Federal requirements. In any event, because EPA has also
determined that a state audit privilege and immunity law can affect
only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

IV. Proposed Action

    EPA's review of this material indicates this action will have a
beneficial effect on air quality by reducing emissions in the Ozone
Transport Region. EPA is proposing to approve the Virginia SIP revision
for NSR in the Ozone Transport Region, which was submitted on March 28,
2005. EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small

governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). This proposed rule also does not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes, as specified by Executive Order 13175 (65 FR 67249, November 9,
2000), nor will it have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely proposes to approve a state rule
implementing a Federal requirement, and does not alter the relationship
or the distribution of power and responsibilities established in the
Clean Air Act. This proposed rule also is not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997), because it is not
economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This proposed rule, to approve the Virginia Department of Environmental
Quality State Implementation Plan revision request requiring
implementation of NSR in the Virginia portion of the Ozone Transport
Region, does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 28, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E6-37 Filed 1-5-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 15022-15024]
[FR Doc No: 2019-07233]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33441; File No. 812-14932]

Principal Diversified Select Income Fund, Principal Diversified
Select Real Asset Fund, and Principal Global Investors, LLC

April 8, 2019.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c), and 18(i) of the Act, under sections 6(c) and 23(c) of
the Act for an exemption from rule 23c-3 under the Act, and for an
order pursuant to section 17(d) of the Act and rule 17d-1 under the
Act.
    Summary of Application: Applicants request an order to permit
certain registered closed-end management investment companies to issue
multiple classes of shares and to impose asset-based service and
distribution fees, and early withdrawal charges (``EWCs'').
    Applicants: Principal Diversified Select Income Fund and Principal
Diversified Select Real Asset Fund (the ``Initial Funds'') and
Principal Global Investors, LLC (the ``Adviser'').
    Filing Dates: The application was filed on July 20, 2018 and
amended December 14, 2018.
    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 May 3, 2019, 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: Principal Diversified
Select Income Fund, Principal Diversified Select Real Asset Fund, and
Principal Global Investors, LLC, 711 High Street, Des Moines, Iowa
50392.

FOR FURTHER INFORMATION CONTACT: Bradley Gude, Senior Counsel, at (202)
551-5590, or Andrea Ottomanelli Magovern, Branch Chief, at (202) 551-
6768 (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 website 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. The Initial Funds are Delaware statutory trusts that will be
registered under the Act as diversified, closed-end management
investment companies. The Principal Diversified Select Income Fund's
investment objective is to provide a high level of current income and
attractive risk-adjusted returns with lower correlation to the
volatility of the global markets. The Real Asset Fund's investment
objective is to provide long-term total return in excess of inflation.
    2. The Adviser is a Delaware limited liability company registered
as an investment adviser under the Investment Advisers Act of 1940. The
Adviser will serve as investment adviser to the Initial Funds.
    3. The applicants seek an order to permit the Initial Funds to
issue multiple classes of shares, each having its own fee and expense
structure, and to impose asset-based distribution and service fees, and
EWCs.
    4. Applicants request that the order also apply to any
continuously-offered registered closed-end management investment
company that may be organized in the future for which the

Adviser or any entity controlling, controlled by, or under common
control with the Adviser, or any successor in interest to any such
entity,\1\ acts as investment adviser and which operates as an interval
fund pursuant to rule 23c-3 under the Act or provides periodic
liquidity with respect to its shares pursuant to rule 13e-4 under the
Securities Exchange Act of 1934 (``Exchange Act'') (each, a ``Future
Fund'' and together with the Initial Funds, the ``Funds'').\2\
---------------------------------------------------------------------------

    \1\ A successor in interest is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ Any Fund relying on this relief in the future will do so in
compliance with the terms and conditions of the application.
Applicants represent that each entity presently intending to rely on
the requested relief is listed as an applicant.
---------------------------------------------------------------------------

    5. Each Initial Fund will make a continuous public offering of its
shares. Applicants state that additional offerings by any Fund relying
on the order may be on a private placement or public offering basis.
Shares of the Funds will not be listed on any securities exchange, nor
quoted on any quotation medium. The Funds do not expect there to be a
secondary trading market for their shares.
    6. If the requested relief is granted, each Initial Fund may also
offer additional classes of shares in the future, with each class
having its own fee and expense structure.
    7. Applicants state that, from time to time, the Funds may create
additional classes of shares, the terms of which may differ from the
initial class pursuant to and in compliance with rule 18f-3 under the
Act.
    8. Applicants state that the Initial Funds have each adopted a
fundamental policy to repurchase a specified percentage of its shares
(no less than 5% and not more than 25%) at net asset value on a
periodic basis. Such repurchase offers will be conducted pursuant to
rule 23c-3 under the Act.\3\ Each of the other Funds will likewise
adopt a fundamental investment policy in compliance with rule 23c-3 and
make periodic repurchase offers to its shareholders, or provide
periodic liquidity with respect to its shares pursuant to rule 13e-4
under the Exchange Act. Any repurchase offers made by the Funds will be
made to all holders of shares of each such Fund.
---------------------------------------------------------------------------

    \3\ Applicants submit that rule 23c-3 and Regulation M under the
Exchange Act permit an interval fund to make repurchase offers to
repurchase its shares while engaging in a continuous offering of its
shares pursuant to rule 415 under the Securities Act of 1933.
---------------------------------------------------------------------------

    9. Applicants represent that any asset-based service and/or
distribution fees for each class of shares will comply with the
provisions of FINRA Rule 2341 (``Sales Charge Rule'').\4\ Applicants
also represent that each Fund will disclose in its prospectus the fees,
expenses, and other characteristics of each class of shares offered for
sale by the prospectus, as is required for open-end multiple class
funds under Form N-1A. As is required for open-end funds, each Fund
will disclose its expenses in shareholder reports, and describe any
arrangements that result in breakpoints in or elimination of sales
loads in its prospectus.\5\ In addition, applicants will comply with
applicable enhanced fee disclosure requirements for fund of funds,
including registered funds of hedge funds.\6\
---------------------------------------------------------------------------

    \4\ Any reference to the Sales Charge Rule includes any
successor or replacement rule that may be adopted by the Financial
Industry Regulatory Authority (``FINRA'').
    \5\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring
open-end investment companies to disclose fund expenses in
shareholder reports); and Disclosure of Breakpoint Discounts by
Mutual Funds, Investment Company Act Release No. 26464 (June 7,
2004) (adopting release) (requiring open-end investment companies to
provide prospectus disclosure of certain sales load information).
    \6\ Fund of Funds Investments, Investment Company Act Rel. Nos.
26198 (Oct. 1, 2003) (proposing release) and 27399 (Jun. 20, 2006)
(adopting release). See also Rules 12d1-1, et seq. of the Act.
---------------------------------------------------------------------------

    10. Each of the Funds will comply with any requirements that the
Commission or FINRA may adopt regarding disclosure at the point of sale
and in transaction confirmations about the costs and conflicts of
interest arising out of the distribution of open-end investment company
shares, and regarding prospectus disclosure of sales loads and revenue
sharing arrangements, as if those requirements applied to each Fund. In
addition, each Fund will contractually require that any distributor of
the Fund's shares comply with such requirements in connection with the
distribution of such Fund's shares.
    11. Applicants state that each Fund may impose an EWC on shares
submitted for repurchase that have been held less than a specified
period and may waive the EWC for certain categories of shareholders or
transactions to be established from time to time. Applicants state that
each of the Funds will apply the EWC (and any waivers, scheduled
variations or eliminations of the EWC) uniformly to all shareholders in
a given class and consistently with the requirements of rule 22d-1
under the Act as if the Funds were open-end investment companies.
    12. Each Fund operating as an interval fund pursuant to rule 23c-3
under the Act may offer its shareholders an exchange feature under
which the shareholders of the Fund may, in connection with the Fund's
periodic repurchase offers, exchange their shares of the Fund for
shares of the same class of (i) registered open-end investment
companies or (ii) other registered closed-end investment companies that
comply with rule 23c-3 under the Act and continuously offer their
shares at net asset value, that are in the Fund's group of investment
companies (collectively, ``Other Funds''). Shares of a Fund operating
pursuant to rule 23c-3 that are exchanged for shares of Other Funds
will be included as part of the amount of the repurchase offer amount
for such Fund as specified in rule 23c-3 under the Act. Any exchange
option will comply with rule 11a-3 under the Act, as if the Fund were
an open-end investment company subject to rule 11a-3. In complying with
rule 11a-3, each Fund will treat an EWC as if it were a contingent
deferred sales load (``CDSL'').

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(a)(2) of the Act makes it unlawful for a closed-end
investment company to issue a senior security that is a stock unless
certain requirements are met. Applicants state that the creation of
multiple classes of shares of the Funds may violate section 18(a)(2)
because the Funds may not meet such requirements with respect to a
class of shares that may be a senior security.
    2. Section 18(c) of the Act provides, in relevant part, that a
closed-end investment company may not issue or sell any senior security
if, immediately thereafter, the company has outstanding more than one
class of senior security. Applicants state that the creation of
multiple classes of shares of the Funds may be prohibited by section
18(c), as a class may have priority over another class as to payment of
dividends because shareholders of different classes would pay different
fees and expenses.
    3. Section 18(i) of the Act provides that each share of stock
issued by a registered management investment company will be a voting
stock and have equal voting rights with every other outstanding voting
stock. Applicants state that multiple classes of shares of the Funds
may violate section 18(i) of the Act because each class would be
entitled to exclusive voting rights with respect to matters solely
related to that class.

    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule or regulation under the Act, if and to the extent such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Applicants request an exemption under
section 6(c) from sections 18(a)(2), 18(c) and 18(i) to permit the
Funds to issue multiple classes of shares.
    5. Applicants submit that the proposed allocation of expenses
relating to distribution and voting rights among multiple classes is
equitable and will not discriminate against any group or class of
shareholders. Applicants submit that the proposed arrangements would
permit a Fund to facilitate the distribution of its securities and
provide investors with a broader choice of shareholder services.
Applicants assert that the proposed closed-end investment company
multiple class structure does not raise the concerns underlying section
18 of the Act to any greater degree than open-end investment companies'
multiple class structures that are permitted by rule 18f-3 under the
Act. Applicants state that each Fund will comply with the provisions of
rule 18f-3 as if it were an open-end investment company.

Early Withdrawal Charges

    1. Section 23(c) of the Act provides, in relevant part, that no
registered closed-end investment company shall purchase securities of
which it is the issuer, except: (a) On a securities exchange or other
open market; (b) pursuant to tenders, after reasonable opportunity to
submit tenders given to all holders of securities of the class to be
purchased; or (c) under other circumstances as the Commission may
permit by rules and regulations or orders for the protection of
investors.
    2. Rule 23c-3 under the Act permits a an interval fund to make
repurchase offers of between five and twenty-five percent of its
outstanding shares at net asset value at periodic intervals pursuant to
a fundamental policy of the interval fund. Rule 23c-3(b)(1) under the
Act permits an interval fund to deduct from repurchase proceeds only a
repurchase fee, not to exceed two percent of the proceeds, that is paid
to the interval fund and is reasonably intended to compensate the fund
for expenses directly related to the repurchase. A Fund will not impose
a repurchase fee on investors who purchase and tender their shares.
    3. Section 23(c)(3) provides that the Commission may issue an order
that would permit a closed-end investment company to repurchase its
shares in circumstances in which the repurchase is made in a manner or
on a basis that does not unfairly discriminate against any holders of
the class or classes of securities to be purchased.
    4. Applicants request relief under section 6(c), discussed above,
and section 23(c)(3) from rule 23c-3 to the extent necessary for the
Funds to impose EWCs on shares of the Funds submitted for repurchase
that have been held for less than a specified period.
    5. Applicants state that the EWCs they intend to impose are
functionally similar to CDSLs imposed by open-end investment companies
under rule 6c-10 under the Act. Rule 6c-10 permits open-end investment
companies to impose CDSLs, subject to certain conditions. Applicants
note that rule 6c-10 is grounded in policy considerations supporting
the employment of CDSLs where there are adequate safeguards for the
investor and state that the same policy considerations support
imposition of EWCs in the interval fund context. In addition,
applicants state that EWCs may be necessary for the distributor to
recover distribution costs. Applicants represent that any EWC imposed
by the Funds will comply with rule 6c-10 under the Act as if the rule
were applicable to closed-end investment companies. The Funds will
disclose EWCs in accordance with the requirements of Form N-1A
concerning CDSLs.

Asset-Based Service and Distribution Fees

    1. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company, or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    2. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to the extent necessary to permit the Funds to impose asset-
based service and distribution fees. Applicants have agreed to comply
with rules 12b-1 and 17d-3 as if those rules applied to closed-end
investment companies, which they believe will resolve any concerns that
might arise in connection with a Fund financing the distribution of its
shares through asset-based service and distribution fees.
    3. For the reasons stated above, applicants submit that the
exemptions requested under section 6(c) are necessary and appropriate
in the public interest and are consistent with the protection of
investors and the purposes fairly intended by the policy and provisions
of the Act. Applicants further submit that the relief requested
pursuant to section 23(c)(3) will be consistent with the protection of
investors and will insure that applicants do not unfairly discriminate
against any holders of the class of securities to be purchased.
Finally, applicants state that the Funds' imposition of asset-based
service and distribution fees is consistent with the provisions,
policies, and purposes of the Act and does not involve participation on
a basis different from or less advantageous than that of other
participants.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Each Fund relying on the order will comply with the provisions of
rules 6c-10, 12b-1, 17d-3, 18f-3, 22d-1, and, where applicable, 11a-3
under the Act, as amended from time to time, as if those rules applied
to closed-end management investment companies, and will comply with the
Sales Charge Rule, as amended from time to time, as if that rule
applied to all closed-end management investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-07233 Filed 4-11-19; 8:45 am]
 BILLING CODE 8011-01-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0200; FRL-        ]

Approval and Promulgation of Air Quality Implementation Plans;

Virginia; Amendments to the Open Burning Regulation

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Virginia.  This SIP revision
pertains to the amendments of Virginia’s open burning regulation.
This action is being taken under the Clean Air Act (CAA or the Act).

DATES:  Written comments must be received on or before [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2007-0200 by one of the following methods:

 www.regulations.gov.  Follow the on-line instructions for submitting
comments.

E-mail:    HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

Mail:  EPA- R03-OAR-2007-0200, Linda Miller, Acting Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

Hand Delivery: At the previously-listed EPA Region III address.  Such
deliveries are only accepted during the Docket(s normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

Instructions:  Direct your comments to Docket ID No.
EPA-R03-OAR-2007-0200.  EPA's policy is that all comments received will
be included in the public docket without change, and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.  Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website is an (anonymous access(
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:  Rose Quinto,<PHONE_NUMBER>, or by
e-mail at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

SUPPLEMENTARY INFORMATION:

I.  Background

On February 5, 2007, the Virginia Department of Environmental Quality
(VADEQ) submitted a revision to its State Implementation Plan (SIP) for
Open Burning Regulation.  The SIP revision consists of regulation
amendments to the April 26, 1996 submittal.  The SIP revision expands
the geographic applicability of the control measure to implement the
open burning seasonal restrictions as part of its plans to reduce and
maintain volatile organic compound (VOC) emissions in VOC emissions
control areas in Virginia.  The amendments include:  9 VAC 5-40-5600 –
Applicability; 9 VAC 5-40-5610 – Definitions; 9 VAC 5-40-5620 – Open
Burning Prohibitions; and 9 VAC 5-40-5630 – Permissible Open Burning.

II.  Summary of SIP Revision

Virginia’s Open Burning Regulation (9 VAC 5 Chapter 40) applies to any
person who permits or engages in open burning or who permits or engages
in burning using special incineration devices. A special incineration
device is a pit incinerator, conical or teepee burner, or any other
device specifically designed to provide combustion performance.
Modifications of 9 VAC 5 Chapter 40 are made to ensure that the
regulation is consistent with the existing incinerator regulations of
the board and waste management regulations.

The provisions of this amended regulation are applicable only in the
volatile organic emission control areas identified in 9 VAC 5-20-206 of
the Virginia Regulations during the months of May, June, July, August
and September.  The volatile organic emission control areas applicable
to this regulation include:

Western Virginia Emissions Control Area:  Botetourt County, Frederick
County, Roanoke County, Salem County and Winchester County.

Northern Virginia Emissions Control Area:  Arlington County, Fairfax
County, Loudon County, Prince William County, Stafford County,
Alexandria City, Fairfax City, Falls Church City, Manassas City and
Manassas Park City.

Hampton Roads Emissions Control Area:  James City County, York County,
Chesapeake City, Hampton City, Newport News City, Norfolk City, Poquoson
City, Portsmouth City, Suffolk County, Virginia Beach City and
Williamsburg City.

Richmond Emissions Control Area:  Charles City County, Chesterfield
County, Hanover County, Henrico County, Colonial Heights City, Hopewell
City and Richmond City.

Fredericksburg Emissions Control Area:  Spotsylvania County and
Fredericksburg City.

Definitions included in this SIP revision are:  air curtain incinerator,
clean burning waste, clean lumber, clean wood, commercial waste,
construction waste, debris waste, demolition waste, garbage, hazardous
waste, household waste, industrial waste, landfill, local landfill, open
 burning, open pit incinerator, refuse, salvage operation, sanitary
landfill, special incineration device, wood waste, and yard waste.

This SIP revision provides for the control of open burning and use of
special incineration devices for destruction of rubber tires, asphaltic
materials, crankcase oil, impregnated wood or other rubber or petroleum
based materials except when conducting bona fide fire fighting
instruction at fire fighting training schools having permanent
facilities.  This SIP revision also provides for the control of open
burning and use of special incineration device for the destruction of
hazardous waste or containers for such materials.  In addition, this SIP
revision provides for the control of open burning and use of special
incineration device for the purpose of salvage operation or for the
destruction of commercial/industrial waste.

Open burning or the use of special incineration devices is permitted
on-site for the destruction of clean burning waste and debris waste
resulting from property maintenance, from the development or maintenance
of roads and highways, parking areas, railroad tracks, pipelines, power
and communication lines, buildings or building areas, sanitary
landfills, or from any other clearing operations.  Such destruction is
prohibited in the VOC emissions control areas (see 9 VAC 5-20-206)
during May, June, July, August and September.

Open burning or the use of special incineration devices is also
permitted for the destruction of clean burning waste and debris waste on
the site of local landfills provided that the burning does not take
place on land that has been filled and covered so as to present an
underground fire hazard due to the presence of methane gas.  Such
destruction is prohibited in the VOC emissions control areas (see 9 VAC
5-20-206) during May, June, July, August and September.

III.  General Information Pertaining to SIP Submittals From the
Commonwealth of Virgina

In 1995, Virginia adopted legislation that provides, subject to certain
conditions, for an environmental assessment (audit) (privilege(' for
voluntary compliance evaluations performed by a regulated entity.  The
legislation further addresses the relative burden of proof for parties
either asserting the privilege or seeking disclosure of documents for
which the privilege is claimed.  Virginia's legislation also provides,
subject to certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth and takes prompt and appropriate
measures to remedy the violations.  Virginia's Voluntary Environmental
Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege
that protects from disclosure documents and information about the
content of those documents that are the product of a voluntary
environmental assessment.  The Privilege Law does not extend to
documents or information (1) that are generated or developed before the
commencement of a voluntary environmental assessment; (2) that are
prepared independently of the assessment process; (3) that demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) that are required by law.

On January 12, 1998, the Commonwealth of Virginia Office of the Attorney
General provided a legal opinion that states that the Privilege law, Va.
Code Sec. 10.1-1198,  precludes granting a privilege to documents and
information (required by law,( including documents and information
(required by Federal law to maintain program delegation, authorization
or approval,( since Virginia must (enforce Federally authorized
environmental programs in a manner that is no less stringent than their
Federal counterparts. . . .(   The opinion concludes that ([r]egarding (
10.1-1198, therefore, documents or other information needed for civil or
criminal enforcement under one of these programs could not be privileged
because such documents and information are  essential to pursuing
enforcement in a manner required by Federal law to maintain program
delegation, authorization or approval.(

Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ([t]o
the extent consistent with requirements imposed by Federal law,(  any
person making a voluntary disclosure of information to a state agency
regarding a violation of an environmental statute, regulation, permit,
or administrative order is granted immunity from administrative or civil
penalty.  The Attorney General's January 12, 1998 opinion states that
the quoted language renders this statute inapplicable to enforcement of
any Federally authorized programs, since (no immunity could be afforded
from administrative, civil, or criminal penalties because granting such
immunity would not be consistent with Federal law, which is one of the
criteria for immunity.(

Therefore, EPA has determined that Virginia's Privilege and Immunity
statutes will not preclude the Commonwealth from enforcing its program
consistent with the Federal requirements.  In any event, because EPA has
also determined that a state audit privilege and immunity law can affect
only state enforcement and cannot have any impact on Federal enforcement
authorities, EPA may at any time invoke its authority under the Clean
Air Act, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort.  In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

IV.  Proposed Action

In implementing the open burning restrictions, this amended regulation
(9 VAC 5 Chapter 40) will reduce and maintain VOC emissions in the
volatile organic emission control areas identified in 9 VAC 5-20-206 of
the Virginia regulations.  EPA is proposing to approve the Virginia SIP
revision for the Open Burning Regulation submitted on February 5, 2007.
EPA is soliciting public comments on the issues discussed in this
document.  These comments will be considered before taking final action.

V.  Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a "significant regulatory action" and therefore
is not subject to review by the Office of Management and Budget.  For
this reason, this action is also not subject to Executive Order 13211,
"Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use"  (66 Fed. Reg. 28355 (May 22, 2001)).  This action
merely proposes to approve state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this proposed rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule proposes to approve pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).  This proposed
rule also does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have
substantial direct effects 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely proposes to approve a state rule implementing a
Federal requirement, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.  This proposed rule also is not subject to Executive Order 13045
(62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS.  It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act.  Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
proposed rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a clear
legal standard for affected conduct.  EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the (Attorney General(s
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings( issued under the executive order.  This proposed
rule pertaining to the amendments of Virginia’s Open Burning
Regulation, does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

Authority: 42 U.S.C. 7401 et seq.

        /s/

___________________________           ____________________________

Dated:  May 31, 2007                               William T.
Wisniewski, Acting

Regional Administrator,

                                                                 Region
III.

 PAGE  10


[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46508-46509]
[FR Doc No: 2017-21437]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-5017]

Health Canada and United States Food and Drug Administration
Joint Public Consultation on International Council for Harmonisation of
Technical Requirements for Pharmaceuticals for Human Use; Public
Meeting and Webcast

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting and webcast; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
a regional public meeting entitled ``Health Canada and U.S. Food and
Drug Administration Joint Public Consultation on International Council
for Harmonisation of Technical Requirements for Pharmaceuticals for
Human Use (ICH).'' The purpose of this public meeting is to provide
information and solicit public input on the current activities of ICH
as well as the upcoming ICH Assembly Meeting and the Expert Working
Group Meetings in Geneva, Switzerland, scheduled for November 11
through 16, 2017. The topics to be discussed are the topics for
discussion at the forthcoming ICH Assembly Meeting in Geneva.

DATES: The public meeting will be held on October 19, 2017, from 9 a.m.
to 12 noon Eastern Time. Submit either electronic or written comments
on this public meeting by October 26, 2017. See the SUPPLEMENTARY
INFORMATION section for registration date and information. Registration
to attend the meeting and requests for oral presentations must be
received by October 16, 2017; see the SUPPLEMENTARY INFORMATION section
for information on how to register for the meeting.

ADDRESSES: The public meeting will be held at the Sir Frederick G.
Banting Research Centre, 251 Sir Frederick Banting Dr., Ottawa, ON K1Y
0M1, Canada. It will also be broadcast on the web allowing participants
to join in person OR via the Web.
    You may submit comments as follows: Please note that late, untimely
filed comments will not be considered. Electronic comments must be
submitted on or before October 26, 2017. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of October 27, 2017. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-5017 for ``Health Canada and U.S. Food and Drug
Administration Joint Public Consultation on International Council on
Harmonisation of Technical Requirements for Pharmaceuticals for Human
Use; Public

Meeting.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at http://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, October 12, 2017, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amanda Roache, Food and Drug
Administration, Center for Drug Evaluation and Research, Office of
Strategic Programs, 10903 New Hampshire Ave., Bldg. 51, Rm. 1176,
Silver Spring MD, 20993,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The ICH, formerly known as the International Conference on
Harmonisation, was established in 1990 as a joint regulatory/industry
project to improve, through harmonization, the efficiency of the
process for developing and registering new medicinal products in
Europe, Japan, and the United States without compromising the
regulatory obligations of safety and effectiveness. In 2015 the ICH was
reformed to make the ICH a true global initiative that expands beyond
the previous ICH members. More involvement from regulators around the
world is expected, as they will join their counterparts from Europe,
Japan, the United States, Canada, and Switzerland as ICH regulatory
members. The reforms build on a 25-year track record of successful
delivery of harmonized guidelines for global pharmaceutical
development, and their regulation. In recent years, many important
initiatives have been undertaken by regulatory authorities and industry
associations to promote international harmonization of regulatory
requirements. FDA has participated in many meetings designed to enhance
harmonization and is committed to seeking scientifically based
harmonized technical procedures for pharmaceutical development. One of
the goals of harmonization is to identify and then reduce differences
in technical requirements for medical product development among
regulatory Agencies. ICH was organized to provide an opportunity for
harmonization initiatives to be developed with input from both
regulatory and industry representatives. The ICH process has achieved
significant harmonization of the technical requirements for the
approval of pharmaceuticals for human use in the ICH regions over the
past two decades. The current ICH process and structure can be found at
the following Web site: http://www.ich.org. (FDA has verified the Web
site addresses as of the date this document publishes in the Federal
Register, but Web sites are subject to change over time.)

II. Webinar Attendance and Participation

A. Registration

    If you wish to attend the meeting, please register at the following
Web site: https://healthcanada-usfda_ich_consultation.eventbrite.ca.
For those attending online, a link will be provided upon registration.
In person registrations may be limited, so early registration is
recommended. Registration is free and will be on a first-come, first-
served basis. However, the number of participants from each
organization may be limited based on space limitations. Registrants
will receive confirmation once they have been accepted. If you need
special accommodations because of a disability, please contact Amanda
Roache (see FOR FURTHER INFORMATION CONTACT) at least 7 days before the
webinar.

B. Requests for Oral Presentations

    Interested persons may present data, information, or views orally
or in writing on issues pending at the public webinar. Public oral
presentations will be scheduled between approximately 11:30 a.m. and 12
noon. Time allotted for oral presentations may be limited to 5 minutes.
Those desiring to make oral presentations should notify Amanda Roache
(see FOR FURTHER INFORMATION CONTACT) by October 12, 2017, and submit a
brief statement of the general nature of the evidence or arguments they
wish to present; the names and addresses, telephone number, fax, and
email of proposed participants; and an indication of the approximate
time requested to make their presentation. The agenda for the public
webinar will be made available on the internet at https://www.fda.gov/Drugs/NewsEvents/ucm574251.htm.

    Dated: September 29, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-21437 Filed 10-4-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Rules and Regulations]
[Pages 55905-55907]
[FR Doc No: 2022-19746]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0801; Project Identifier MCAI-2022-00092-T;
Amendment 39-22159; AD 2022-18-08]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
a report indicating that the vertical stop support fitting (VSSF) of
certain captain's, first officer's, and third occupant's seats could
fail. This AD requires modifying or replacing each affected seat, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD also limits the installation of
affected parts under certain conditions. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective October 18, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 18,
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this IBR material on the EASA website at ad.easa.europa.eu.
You may view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2022-0801.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022 0801; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this final rule, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th Street, Des Moines, WA 98198, telephone and fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0014, dated January 25, 2022
(EASA AD 2022-0014) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on June 28, 2022 (87 FR 38302). The NPRM was prompted by a
report indicating that the VSSF of certain captain's, first officer's,
and third occupant's seats could fail. The NPRM proposed to require
modifying or replacing each affected seat, as specified in EASA AD
2022-0014. The NPRM also proposed to limit the installation of affected
parts under certain conditions.
    The FAA is issuing this AD to address failure of the VSSF, which
could lead to flight deck seat failure and unexpected seat movement
under certain loading conditions, possibly resulting in flightcrew
injury and reduced control of the airplane. See the MCAI for additional
background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received two comments, one from an individual and one from
The Air Line Pilots Association, International (ALPA). The commenters
supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0014 specifies procedures for modifying or replacing
each affected captain's, first officer's, and third occupant's seat.
EASA AD 2022-0014 also limits the installation of affected seats under
certain conditions. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 27 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Up to 23 work-hours x $85 per hour = $1,955..................             * $         * $1,955        * $52,785
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data regarding parts costs for the seat modification or replacement.

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

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.
    The FAA is 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

    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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-18-08 Airbus SAS: Amendment 39-22159; Docket No. FAA-2022-0801;
Project Identifier MCAI-2022-00092-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 18, 2022.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a report indicating that the vertical
stop support fitting (VSSF) of certain captain's, first officer's,
and third occupant's seats could fail. The FAA is issuing this AD to
address failure of the VSSF, which could lead to flight deck seat
failure and unexpected seat movement under certain loading
conditions, possibly resulting in flightcrew injury and reduced
control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0014, dated January 25, 2022 (EASA AD 2022-0014).

(h) Exceptions to EASA AD 2022-0014

    (1) Where EASA AD 2022-0014 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0014 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0014
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198,
telephone and fax<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0014,
dated January 25, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0014, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 19, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-19746 Filed 9-12-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Page 68480]
[FR Doc No: 2016-23907]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78967; File No. SR-NYSEArca-2016-89]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of Longer Period for Commission Action on a Proposed Rule
Change Amending the Co-Location Services Offered by the Exchange To Add
Certain Access and Connectivity Fees

September 28, 2016.
    On August 16, 2016, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change (1) to provide additional information regarding
access to various trading and execution services; connectivity to
market data feeds and testing and certification feeds; connectivity to
third party systems; and connectivity to DTCC provided to Users using
data center local area networks; and (2) to establish fees relating to
a User's access to various trading and execution services; connectivity
to market data feeds and testing and certification feeds; connectivity
to DTCC; and other services. The proposed rule change was published for
comment in the Federal Register on August 26, 2016.\3\ The Commission
received no comments in response to the proposed rule change.\4\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 34-78628 (August 22,
2016), 81 FR 59004 (``Notice'').
    \4\ The Commission notes that it did receive one comment letter
on a related filing, NYSE-2016-45, which is equally relevant to this
filing.
    In response to the comment letter, the NYSE submitted a
response.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of the notice of the filing of a proposed rule change,
or within such longer period up to 90 days as the Commission may
designate if it finds such longer period to be appropriate and
publishes its reasons for so finding or as to which the self-regulatory
organization consents, the Commission shall approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether the proposed rule change should be disapproved.
The Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates November 24, 2016, as the date by which the
Commission should approve, disapprove, or institute proceedings to
determine whether to disapprove the proposed rule change (File No. SR-
NYSEArca-2016-89).
---------------------------------------------------------------------------

    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(57).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-23907 Filed 10-3-16; 8:45 am]
 BILLING CODE 8011-01-P