[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Notices]
[Page 27865-27868]
[DOCID:fr14my08-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28263; File No. 812-13455]

Prudential Retirement Insurance and Annuity Company, et al.,
Notice of Application

May 7, 2008.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order approving the terms of
certain offers of exchange pursuant to Section 11 of the Investment
Company Act of 1940 (the ``1940 Act'').

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    Applicants: Prudential Retirement Insurance and Annuity Company
(``PRIAC''), the PRIAC Variable Contract Account A (the ``PRIAC
Account''), and Prudential Investment Management Services LLC
(``PIMS'') (collectively, the ``Applicants'').
    Summary of Application: Applicants request an order on behalf of
PRIAC and any current or future affiliated life insurance company (each
an ``Insurance Company'' and collectively, the ``Insurance
Companies''), the PRIAC Account and any current or future separate
account of an Insurance Company (each a ``Separate Account'' and
collectively, the ``Separate Accounts''), and PIMS and any current or
future broker-dealer affiliated with an Insurance Company serving as
principal underwriter of variable annuity contracts issued by an
Insurance Company or registered open-end management investment
companies advised by an affiliate of an Insurance Company (each a
``Distributor'' and collectively, the ``Distributors'') pursuant to
Section 11 of the 1940 Act approving the terms of certain offers of
exchange between certain variable annuity contract subaccounts and
certain registered open-end management investment companies.
    Filing Date: The application was filed on November 29, 2007, and an
amended and restated application was filed on May 2, 2008.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the 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 29, 2008, and should be accompanied by proof of
service on Applicants, in the form of an affidavit, or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Secretary of the Commission.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090. Applicants: John M. Ewing, Vice
President and Corporate Counsel, The Prudential Insurance Company of
America, 200 Wood Avenue South, Iselin, NJ 08830-2706, with a copy to
Christopher E. Palmer, Goodwin Procter LLP, 901 New York Avenue, NW.,
Washington, DC 20001.

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

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

Applicants' Representations

    1. PRIAC is a stock life insurance company incorporated under the
laws of Connecticut. PRIAC is an indirect wholly-owned subsidiary of
Prudential Financial, Inc.
    2. The PRIAC Account was established by PRIAC as a separate account
under Connecticut law and is registered under the 1940 Act as a unit
investment trust for the purpose of funding certain variable annuity
contracts issued by PRIAC (the ``Contracts''). Security interests under
the Contracts have been registered under the Securities Act of 1933
(the ``1933 Act''). The PRIAC Account currently has five subaccounts,
each of which invests exclusively in a single corresponding portfolio
of the Advanced Series Trust (``AST''). AST is a Massachusetts business
trust and is registered under the 1940 Act as an open-end management
investment company with multiple separate series or portfolios. Shares
of the AST portfolios are sold to insurance company separate accounts,
including

the PRIAC Account, and are registered under the 1933 Act. AST is
advised by Prudential Investments LLC and AST Investment Services,
Inc., both of which are indirect wholly-owned subsidiaries of
Prudential Financial, Inc.
    3. PIMS is registered with the Commission as a broker-dealer and is
a member of the Financial Industry Regulatory Authority. PIMS is an
indirect wholly-owned subsidiary of Prudential Financial, Inc. PIMS
serves as the distributor and principal underwriter of the Contracts.
PIMS also serves as distributor and principal underwriter for the
registered open-end management investment companies advised by
Prudential Investments LLC and/or AST Investment Services, Inc. (any
such current or future investment company advised by Prudential LLC,
AST Investment Services, Inc. or an affiliate, or series thereof,
hereinafter referred to as a ``Prudential Mutual Fund'' and
collectively, the ``Prudential Mutual Funds'').
    4. Applicants and their affiliates propose to offer certain
retirement programs, each of which is designed to provide participants
(``Participants'') in a single coordinated program a selection of
investment options, including both Contracts and mutual fund options,
and the ability to periodically transfer their account values among the
investment options without charge (each a ``Program'' and collectively,
the ``Programs''). The Programs are designed to serve the retirement
income needs of Participants by combining the benefits of direct
investments in mutual funds with the insurance benefits available
through variable annuity contracts, including benefits designed to
provide guaranteed withdrawal benefits for the life of the Participant
and/or his or her spouse. Applicants have designed two Programs, which
are described below, and Applicants may in the future design additional
similar Programs.
    5. The first Program (the ``IRA Program'') is an individual
retirement account (``IRA'') that qualifies for federal tax benefits
under Section 408 of the Internal Revenue Code of 1986, as amended (the
``Code''). The IRA will be funded by a rollover transaction from
certain employment based retirement plans or arrangements administered
by PRIAC or its affiliates or from certain group annuity contracts
issued by PRIAC.
    6. Participants in the IRA Program may allocate their investments
to a Contract and/or to certain Prudential Mutual Funds.\1\
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    \1\ Participants may also direct investments under the IRA
Program to an annuity contract offering a fixed rate investment
option (the ``Fixed Rate Annuity Contract''). Interests under the
Fixed Rate Annuity Contract are exempt from registration under the
1933 Act under Section 3(a)(8) of the 1933 Act. Because the
interests under the Fixed Rate Annuity Contract are not securities
issued by a registered investment company, Applicants are not
seeking exemptive relief with respect to exchanges to and from the
Fixed Rate Annuity Contract.
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    7. The Contract permits Contract owners to allocate Contract value
to and among four subaccounts of the PRIAC Account (each, a
``Subaccount'' and collectively, the ``Subaccounts''). Each current
Subaccount invests in an AST asset allocation portfolio. The Contract
permits transfers of Contract value among the Subaccounts subject to
certain restrictions set forth in the Contract prospectus. The Contract
offers a guaranteed withdrawal benefit which guarantees certain minimum
withdrawal amounts for the life of the Participant and/or his or her
spouse subject to certain conditions (the ``Guaranteed Withdrawal
Benefit'').
    8. PIMS currently makes available to the IRA Program shares of the
following 16 Prudential Mutual Funds: Jennison 20/20 Focus Fund; Dryden
Government Income Fund, Inc.; Dryden Index Series Fund; Jennison Small
Company Fund, Inc.; The Prudential Investment Portfolios, Inc.
(Jennison Growth Fund); Jennison Mid-Cap Growth Fund, Inc.;
JennisonDryden Portfolios (Jennison Value Fund); The Target Portfolio
Trust (Large Capitalization Growth, Small Capitalization Growth;
International Equity; Total Return Bond, Large Capitalization Value,
Small Capitalization Value); Jennison Natural Resources Fund, Inc.;
Jennison Sector Funds, Inc. (Jennison Utility Fund); Dryden High Yield
Fund, Inc.; and MoneyMart Assets, Inc.
    9. PIMS may make available shares of additional Prudential Mutual
Funds in the future. Any class of shares of a Prudential Mutual Fund
made available in the IRA Program are not subject to any sales charges
on purchases or any sales charges or other withdrawal charges on
redemption. No fee or charge applies to any exchange from one
Prudential Mutual Fund to another Prudential Mutual Fund within the IRA
Program. The Prudential Mutual Funds permit exchanges between multiple
funds subject to certain conditions set forth in the prospectuses for
the Prudential Mutual Funds. Therefore, Participants are permitted to
transfer from one Prudential Mutual Fund to another Prudential Mutual
Fund subject to the conditions set forth in the prospectuses.
    10. Participants in the IRA Program are charged an overall asset-
based account fee for the IRA account and also bear the expenses of the
investment options available under the IRA Program. The IRA account fee
varies by account size and ranges from an annual rate of 0.25% to 1.10%
of assets in the IRA Program, subject to a minimum annual fee of $100
and a maximum annual fee of $500. The Contract does not impose any
sales charges on investments in the Contract or any sales charges or
other withdrawal charges on withdrawals from or surrenders of the
Contract. PRIAC reserves the right to charge a maximum transfer fee of
$30 per transfer after the twelfth transfer among investment options in
the Contract in any one Contract year, but it currently does not impose
any transfer fee. PRIAC may also deduct the charge for premium taxes
imposed on PRIAC by certain states or jurisdictions, which currently
range from 0% to 3.5% of Contract value. No premium tax deduction will
be applied to any exchange between a Subaccount and a Prudential Mutual
Fund under the IRA Program. The Contract provides for the following
periodic expenses. PRIAC reserves the right to charge an annual
Contract fee of up to $150, but currently does not assess this charge.
PRIAC assesses the following charges, expressed as an annual percentage
of Contract value: insurance and administrative charge (maximum charge
of 1.60% and current charge of 0.50%); base Guaranteed Withdrawal
Benefit charge (maximum charge of 1.45% and current charge of 0.95%);
and optional spousal Guaranteed Withdrawal Benefit charge (maximum
charge of 0.60% and current charge of 0.50%). Investments in the
Contract also bear indirectly the fees and expenses of the underlying
AST portfolios. Investments in the shares of Prudential Mutual Funds
available under the IRA Program are not subject to any sales charges on
purchases or any sales charges or other withdrawal charges on
redemption. No fee or charge applies to any exchange from one
Prudential Mutual Fund to another Prudential Mutual Fund under the IRA
Program. Investments in the Prudential Mutual Funds are subject to
ongoing fees and expenses.
    11. The second Program (the ``Retirement Plan Program'') is
designed for ongoing retirement arrangements that qualify for federal
tax benefits under Section 401(a), 403 or 457 of the Code and certain
non-qualified arrangements. The Retirement Plan Program permits
Participants to allocate

program investments to a Contract and/or to certain Prudential Mutual
Funds.\2\
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    \2\ Participants may also direct investments to the Fixed Rate
Annuity Contract. Participants may also direct investments to
registered open-end investment companies for which Applicants or
their affiliates do not serve as investment adviser or principal
underwriter (the ``Unaffiliated Mutual Funds''). Because the
Unaffiliated Mutual Funds and their principal underwriters are not
affiliated with Applicants, Applicants are not seeking exemptive
relief with respect to exchanges to and from the Unaffiliated Mutual
Funds.
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    12. The Contract used in the Retirement Plan Program is
substantially identical to the Contract used in the IRA Program, with
minor changes needed to reflect the existence of an employment based
retirement plan and plan sponsor and related provisions required by tax
law.
    13. PIMS currently makes available to the Retirement Plan Program
shares of the following Prudential Mutual Funds: Dryden Total Return
Bond Fund, Inc.; Jennison 20/20 Focus Fund; Dryden California Municipal
Fund (California Income Series); Dryden Government Income Fund, Inc.;
Cash Accumulation Trust (Liquid Assets Fund); Dryden Index Series Fund;
Dryden Global Real Estate Fund; Jennison Small Company Fund, Inc.;
Prudential Institutional Liquidity Portfolio, Inc. (Institutional Money
Market Series); The Prudential Investment Portfolios, Inc. (Dryden
Active Allocation Fund, Jennison Growth Fund, Jennison Equity
Opportunity Fund, JennisonDryden Conservative Allocation Fund,
JennisonDryden Moderate Allocation Fund, JennisonDryden Growth
Allocation Fund); Dryden Municipal Bond Fund (Insured Series, High
Income Series); Dryden Tax-Managed Funds (Dryden Large-Cap Core Equity
Fund); Dryden Small-Cap Core Equity Fund, Inc.; Jennison Mid-Cap Growth
Fund, Inc.; JennisonDryden Portfolios (Jennison Value Fund, Dryden U.S.
Equity Active Extension Fund); Prudential World Fund, Inc. (Jennison
Global Growth Fund, Dryden International Equity Fund, Dryden
International Value Fund); The Target Portfolio Trust (Large
Capitalization Growth, Small Capitalization Growth; International
Equity; Total Return Bond, Mortgage Backed Securities, Large
Capitalization Value, Small Capitalization Value, International Bond,
Intermediate-Term Bond, U.S. Government Money Market); Target Asset
Allocation Funds (Target Conservative Allocation Fund, Target Moderate
Allocation Fund, Target Growth Allocation Fund); Strategic Partners
Style Specific Funds (Jennison Conservative Growth Fund, Dryden Small
Capitalization Value Fund); Strategic Partners Opportunity Funds
(Jennison Select Growth, Dryden Strategic Value Fund); Strategic
Partners Mutual Funds, Inc. (Dryden Mid-Cap Value Fund, Jennison Equity
Income Fund, Dryden Money Market Fund); Dryden Government Securities
Trust (Money Market Series); Jennison Blend Fund, Inc.; Jennison
Natural Resources Fund, Inc.; Jennison Sector Funds, Inc. (Jennison
Financial Services Fund, Jennison Health Sciences Fund, Jennison
Utility Fund); Nicholas-Applegate Fund, Inc.; Dryden Global Total
Return Fund, Inc.; Dryden High Yield Fund, Inc.; MoneyMart Assets,
Inc.; Prudential Tax-Free Money Fund, Inc. (Dryden Tax-Free Money
Fund); Dryden National Municipals Fund, Inc.; and Dryden Short-Term
Bond Fund, Inc.
    14. PIMS may make available shares of additional Prudential Mutual
Funds in the future. Any class of shares of a Prudential Mutual Fund
made available in the Retirement Plan Program are not subject to any
sales charges on purchases or any sales charges or other withdrawal
charges on redemption. No fee or charge applies to any exchange from
one Prudential Mutual Fund to another Prudential Mutual Fund.
Investments in the Prudential Mutual Funds are subject to ongoing fees
and expenses.
    15. Unlike the IRA Program, there is no set account fee under the
Retirement Plan Program. Instead, each plan sponsor negotiates an
administrative services agreement with PRIAC or an affiliate under
which PRIAC or the affiliate provides recordkeeping and other services
to the Plan. Although the terms of these administrative services
agreements vary from plan to plan, in all cases no transaction fees are
charged for exchanges from one investment option to another investment
option under the Program.
    16. The Programs are designed to provide flexibility to transfer
value among the investment options available under the Program.
Applicants state that under existing procedures and Rules 11a-2 and
11a-3 under the 1940 Act, exchanges may be made among the Variable
Annuity Subaccounts and exchanges may be made among the Prudential
Mutual Funds.
    17. Applicants propose to add an additional exchange feature under
the Programs. In particular, Applicants propose that Participants be
permitted to transfer value: (1) From a Separate Account to a
Prudential Mutual Fund; and (2) from a Prudential Mutual Fund to a
Separate Account. Applicants seek a Commission Order under Section 11
of the 1940 Act to permit this additional exchange feature.
    18. Applicants represent that the exchange feature under any
Program will meet the following conditions:
    (a) No sales charge or other charge will be assessed in connection
with a withdrawal from a Separate Account to be transferred to a
Prudential Mutual Fund;
    (b) No sales charge or other charge will be assessed in connection
with an allocation to a Separate Account from a transfer from a
Prudential Mutual Fund;
    (c) The Distributor will offer in the Program only classes of
Prudential Mutual Funds that do not charge any sales or other charges
on purchases or redemption;
    (d) The exchange will not be a taxable event or have adverse tax
consequences for the Participant; and
    (e) the Separate Account prospectus will disclose the terms of the
exchange feature, including (i) the fact that Applicants reserve the
right to terminate or modify the Program upon notice, (ii) any
limitations on exchanges, and (iii) the effect of an exchange on any
Contract benefits, including the Guaranteed Withdrawal Benefit.
    19. Applicants state that exchanges will be subject to any rules or
procedures established under the Contract or established by the
Prudential Mutual Funds with respect to transfers and redemptions
generally, including minimum transfer amounts and policies and
procedures relating to frequent transfers and abusive trading
practices. Applicants also reserve the right to implement exchange
limitations for the Programs generally. No fees or charges will be
assessed in connection with any exchange from a Separate Account to a
Prudential Mutual Fund or from a Prudential Mutual Fund to a Separate
Account.
    20. Applicants intend to make this exchange feature available on an
ongoing basis to all Participants, but reserve the right to terminate
the offer with respect to all or any of the investment options with
advance notice to affected Participants.

Applicants' Legal Analysis

    1. Section 11(a) of the 1940 Act provides, in pertinent part, that
``[i]t shall be unlawful for any registered open-end company or any
principal underwriter for such a company to make or cause to be made an
offer to the holder of a security of such company or of any other open-
end investment company to exchange his security for a security in the
same or another such company on any basis other than the relative net
asset values of the respective securities to be exchanged, unless the
terms of the offer have first

been submitted to and approved by the Commission or are in accordance
with such rules and regulations as the Commission may have prescribed
in respect of such offers which are in effect at the time such offer is
made.'' Section 11(c) provides that, irrespective of the basis of
exchange, subsection (a) shall be applicable to any offer of exchange
of any security of a registered open-end company for a security of a
registered unit investment trust, or to any offer of exchange of any
security of a registered unit investment trust for the securities of
any other investment company. Although all the proposed exchanges would
be at net asset value, the involvement of any registered unit
investment trust (such as a Separate Account) requires a prior order of
approval of the Commission.
    2. The legislative history of Section 11 indicates that the purpose
of the provision is to provide the Commission with an opportunity to
review the terms of certain offers of exchange to ensure that a
proposed offer is not being made ``solely for the purpose of exacting
additional selling charges.'' H. Rep. No. 2639, 76th Cong., 2d Sess. 8
(1940). One of the practices Congress sought to prevent through Section
11 was the practice of inducing investors to switch securities so that
the promoter could charge investors another sales load. Applicants
assert that the proposed offers of exchange involve no possibility of
such abuse.
    3. Applicants assert that, because the proposed exchange offers for
which approval is sought will be based on the relative net asset values
or unit values of the interests being exchanged, there is no
possibility of the abuse to which Section 11 was directed.
Nevertheless, because each of the proposed exchange offers involves a
unit investment trust, Section 11(c) makes Section 11(a) inapplicable
irrespective of the basis of the exchange. Applicants state that
exemptive relief is necessary for Applicants to offer the proposed
exchange feature.
    4. Applicants note that previous applications under Section 11(a)
and orders granting those applications appropriately have focused on
sales loads or sales load differentials and administrative fees to be
imposed for effecting a proposed exchange. Rule 11a-2, adopted under
Section 11 of the 1940 Act, provides blanket Commission approval of
certain types of offers of exchange of one variable annuity contract
for another, or of one variable life insurance contract for another.
Applicants state that adoption of Rule 11a-3 represents the most recent
Commission action under Section 11 of the 1940 Act. As with Rule 11a-2,
the focus of the Rule is primarily on sales and administrative charges
that would be incurred by investors for effecting exchanges. Applicants
submit that the terms of the proposed offer are consistent with Rule
11a-3 because no sales or administrative charge will be incurred as a
result of the exchange. Because one investment company involved in the
proposed exchange offer is organized as a unit investment trust rather
than as a management investment company, Applicants believe that they
may not rely upon Rule 11a-3.

Class Relief

    1. Applicants request that the Order extend to all similarly
situated current and affiliated entities, defined previously as
Insurance Companies, Separate Accounts and Distributors. Applicants
also request that the Order extend to all variable annuity contracts
issued by an Insurance Company that are substantially similar to the
Contracts and to any share class of any Prudential Mutual Fund for
which there are no front-end sales charges or deferred sales charges.
    2. Applicants submit that providing class relief is appropriate.
Applicants assert that because no front-end or deferred sales charges
are applicable and all exchanges will be at relative net asset value,
there will be no possibility of the abuses Congress sought to prevent
through Section 11. Furthermore, without such exemptive relief, before
Participants could be given any additional exchange options, Applicants
would have to apply for and obtain additional approval orders.
Applicants believe that such additional applications would present no
new issues under the 1940 Act not already addressed in the application.

Conclusion

    For the reasons and upon the facts summarized above, Applicants
submit that the proposed exchange offers at net asset value do not
involve any of the abuses that Section 11 is designed to prevent and
provide a benefit to Participants by expanding exchange privileges
under Programs designed to provide a mix of investment options and
annuity benefits for retirement savings.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-10705 Filed 5-13-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56812-56813]
[FR Doc No: 2023-17901]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC23-121-000.
    Applicants: Elgin Energy Center, LLC, Rocky Road Power, LLC,
Ricochet Power, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Elgin Energy Center, LLC, et al.
    Filed Date: 8/14/23.
    Accession Number: 20230814-5263.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: EC23-122-000.
    Applicants: Elgin Energy Center, LLC, Rocky Road Power, LLC, Middle
River Power VI LLC, Middle River Power VII LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Elgin Energy Center, LLC.
    Filed Date: 8/14/23.
    Accession Number: 20230814-5265.
    Comment Date: 5 p.m. ET 9/28/23.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG23-257-000.
    Applicants: Hardy Hills Solar Energy LLC.
    Description: Hardy Hills Solar Energy LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5027.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: EG23-258-000.
    Applicants: Grover Hill Wind, LLC.
    Description: Grover Hill Wind, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5044.
    Comment Date: 5 p.m. ET 9/5/23.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-99-009.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: South Central MCN LLC Amended
Compliance Filing Pursuant to Order Issued to be effective 4/1/2018.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5115.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: ER19-69-001.
    Applicants: Rockland Wind Farm LLC.
    Description: Compliance filing: Rockland Wind Farm LLC Revised MBR
Tariff to be effective 8/16/2023.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5072.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: ER23-2526-000.
    Applicants: GreenStruxure LOR008, LLC.
    Description: Supplement to July 31, 2023, GreenStruxure LOR008, LLC
tariff filing.
    Filed Date: 8/9/23.
    Accession Number: 20230809-5193.
    Comment Date: 5 p.m. ET 8/30/23.

    Docket Numbers: ER23-2622-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised ISA, Service
Agreement No. 6842; Queue No. AF2-134 to be effective 7/14/2023.
    Filed Date: 8/14/23.
    Accession Number: 20230814-5180.

    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: ER23-2623-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Sec.  205(d) Rate Filing: 2nd Amendment to IA and NITS
between PSE and Boeing to be effective 7/31/2023.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5002.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: ER23-2624-000.
    Applicants: American Electric Power Service Corporation, Ohio Power
Company, AEP Ohio Transmission Company, Inc., PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: American Electric Power
Service Corporation submits tariff filing per 35.13(a)(2)(iii: AEP
submits two Facilities Agreements re: ILDSA, SA No. 1336 to be
effective 10/16/2023.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5073.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: ER23-2625-000.
    Applicants: NRG Business Marketing LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Succession and
Request for Waiver to be effective 8/1/2023.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5076.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: ER23-2626-000.
    Applicants: NRG Power Marketing LLC.
    Description: Tariff Amendment: Notice of Cancellation and Request
for Waiver to be effective 8/1/2023.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5079.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: ER23-2627-000.
    Applicants: Northwest Iowa Power Cooperative.
    Description: Annual Informational Attachment H filing of Northwest
Iowa Power Cooperative.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5100.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: ER23-2628-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF-Bartow Amended and
Restated NITSA SA 145 to be effective 11/1/2023.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5101.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: ER23-2629-000.
    Applicants: High Banks Wind, LLC.
    Description: Baseline eTariff Filing: High Banks Wind, LLC
Application for Market-Based Rate Authorization to be effective 10/1/
2023.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5104.
    Comment Date: 5 p.m. ET 9/5/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 15, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-17901 Filed 8-18-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Notices]
[Pages 28866-28867]
[FR Doc No: 2012-11837]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13011-003]

Shelbyville Hydro LLC; Notice of Application Accepted for Filing
and Soliciting Motions To Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major License.
    b. Project No.: 13011-003.
    c. Date filed: October 28, 2011.
    d. Applicant: Shelbyville Hydro LLC (Shelbyville Hydro), a wholly-
owned subsidiary of Symbiotics LLC.
    e. Name of Project: Lake Shelbyville Dam Hydroelectric Project.
    f. Location: On the Kaskaskia River, in Shelby County, Illinois at
an existing dam owned and operated by the U.S. Corps of Engineers
(Corps). The project would occupy 3.24 acres of federal lands managed
by the Corps.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Brent L. Smith, Chief Operating Officer,
Symbiotics LLC, 371 Upper Terrace, Suite 2, Bend, OR 97702; Telephone
(541)-330-8779.
    i. FERC Contact: Lesley Kordella,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests: 60 days
from the issuance date of this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    The Commission's Rules of Practice and Procedures require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. Project Description: The project would be located at an existing
dam owned and operated by the Corps (St.

Louis District). The existing Lake Shelbyville Dam was constructed in
1963 for the purposes of flood control, recreation development, water
supply, navigation release, and fish and wildlife conservation. In
August of 1970, the Corps closed the gates to start the initial filling
of the lake. The West Okaw and Kaskaskia rivers were inundated for 17
miles upstream of the dam.
    The Lake Shelbyville Dam is an earthen embankment with an elevation
of 643 feet above mean sea level (MSL). The dam is 3,025 feet long and
rises 108 feet above the river bed. The concrete spillway is located at
593 feet MSL and is topped by three Tainter gates that are
approximately 45-feet-wide by 37-feet-high. The two regulating outlet
structures release water through the face of the spillway. The
impoundment above the Lake Shelbyville Dam, referred to as Lake
Shelbyville, varies according to flood control operations controlled by
the Corps. Lake Shelbyville has a maximum storage capacity of 684,000
acre-feet. Of the 684,000 acre-feet of storage, 474,000 acre-feet have
been designated for flood control. The average depth of the reservoir
is 16 feet and the maximum is 67 feet.
    The proposed Lake Shelbyville Project would consist of: (1) A trash
rack with 4-inch spacing integrated into the Corps' existing west
intake structure; (2) a steel liner installed in the Corps' existing
west outlet chamber transitioning to a bifurcation; (3) a 13-foot-
diameter bifurcation and a river release valve installed at the west
outlet structure; (4) a 13-foot-diameter penstock at the bifurcation
after which it reduces to a 12-foot-diameter, 570-foot-long steel
penstock; (5) a 60-foot-long, 40-foot-wide, 68.5-foot-high reinforced
concrete powerhouse containing a 6.8-megawatt Kaplan turbine-generator
with a flow of 130 to 1,500 cubic feet per second (cfs) at a net head
of 33 to 77 feet; (6) an approximately 25-foot-wide, 25-foot-long draft
tube; (7) a 25 to 105-foot-wide, 49-foot-long tailrace; (8) a 12.47-
kilovolt, 407-foot-long buried transmission line connecting the project
to an existing Shelby Electric Cooperative substation located 900 feet
downstream of the dam; and (9) appurtenant facilities. The project
boundary would include 3.24 acres of Federal lands owned by the Corps.
The annual average energy production is estimated to be 20.3 gigawatt-
hours.
    The project would operate in a run-of-release mode utilizing
releases from Lake Shelbyville as they are dictated by the Corps, with
no proposed change to the Corps' facility operation. Power generation
would be seasonally variable as flow regimens and pool levels are set
forth by the Corps. The project would generate power using flows
between 130 and 1,500 cfs. When flows are below 130 cfs, all flows
would be passed through the Corps' existing outlet structure and the
project would then be offline. When flows are greater than 1,500 cfs,
excess flow would be passed through the existing outlet structure.
    m. Scoping: Commission staff completed the scoping process for the
proposed project, including a site visit and public meeting, by letter
issued on March 12, 2010. Commission staff does not intend to conduct
additional scoping.
    n. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit a protest or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210, 385.211, and 385.214. In determining the appropriate action to
take, the Commission will consider all protests filed, but only those
who file a motion to intervene in accordance with the Commission's
Rules may become a party to the proceeding. Any protests or motions to
intervene must be received on or before the specified deadline date for
the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (2) set forth in
the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application.

    Dated: May 10, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-11837 Filed 5-15-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Rules and Regulations]
[Page 41607-41611]
[DOCID:fr18au09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1143; Directorate Identifier 2008-NM-136-AD;
Amendment 39-15990; AD 2009-16-07]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Boeing Model 737-600, -700, -700C, -800,
and -900 series airplanes. That AD currently requires replacing
brackets that hold the P5 panel to the airplane structure, the standby
compass bracket assembly, the generator drive and standby power module,
and the air conditioning module, as applicable. The existing AD also
currently requires, among other actions, inspecting for wire length and
for damage of the connectors and the wire bundles, and doing applicable
corrective actions if necessary. This new AD requires an additional
operational test of the P5-14 panel. This AD results from a report of
an electrical burning smell in the flight compartment. We are issuing
this AD to prevent wire bundles from contacting the overhead dripshield
panel and modules in the P5 overhead panel, which could result in
electrical arcing and shorting of the electrical connector and
consequent loss of several critical systems essential for safe flight;
and to ensure proper operation of the passenger oxygen system. If an
improperly functioning passenger oxygen system goes undetected, the
passenger oxygen mask could fail to deploy and result in possible
incapacitation of passengers during a depressurization event.

DATES: This AD becomes effective September 22, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 22,
2009.
    On June 22, 2006 (71 FR 28766, May 18, 2006), the Director of the
Federal Register approved the incorporation by reference of certain
other publications listed in the AD.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, 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: Binh Tran, Systems and Equipment
Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2006-10-17, amendment
39-14601 (71 FR 28766, May 18, 2006). The existing AD applies to
certain Boeing Model 737-600, -700, -700C, -800, and -900 series
airplanes. That NPRM was published in the Federal Register on October
31, 2008 (73 FR 64894). That NPRM proposed to continue to require
replacing brackets that hold the P5 panel to the airplane structure,
the standby compass bracket assembly, the generator drive and

standby power module, and the air conditioning module. That NPRM also
proposed to continue to require, among other actions, inspecting for
wire length and for damage of the connectors and the wire bundles and
doing applicable corrective actions if necessary. That NPRM also
proposed to require an additional operational test of the P5-14 panel.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.

Request To Align AD Action With Related Service Bulletin

    One commenter, Boeing, requests that the NPRM wording for paragraph
(f)(4) be revised to align with Boeing Service Bulletin 737-24A1141,
Revision 3, dated February 20, 2008. Boeing states that the current
wording in the NPRM indicates that the standby compass bracket assembly
must be replaced with a new assembly. Boeing states that Boeing Service
Bulletin 737-24A1141, Revision 3, dated February 20, 2008, states that
the standby compass bracket assembly need not be replaced for all
groups of airplanes. Boeing Service Bulletin 737-24A1141, Revision 3,
dated February 20, 2008, also states to replace the standby compass
bracket if necessary.
    We agree that clarification may be necessary. Paragraph (f)(4) is a
restatement of actions required by AD 2006-10-17, and is retained in
this supersedure. Paragraph (f) of this AD states that the corrective
actions (including replacing the standby compass bracket assembly as
required by paragraph (f)(4) of this AD) must be done, as applicable.
In addition, we note that a new requirement of this AD, paragraph (i)
of this AD, requires that after the effective date of this AD, only
Revision 3 of Boeing Service Bulletin 737-24A1141, dated February 20,
2008, be used to do all applicable actions. We have not made any
changes to the AD in this regard.

Request To Clarify Terminology

    One commenter, the Air Transport Association (ATA), on behalf of
its member Delta Airlines, requests that the terminology in Boeing
Service Bulletin 737-24A1141 be clarified. In its comment, Delta states
that it believes that Boeing Service Bulletin 737-24A1141 contains
material that is vague in nature, which would leave information subject
to interpretation.
    Delta states that Boeing Service Bulletin 737-24A1141 includes
figures that contain statements such as, ``Some airplanes may have
different wires, panels or connectors'' (e.g., in Figures 6-11 and 94
of the service bulletin). Delta is concerned that statements such as
these, when dealing with compliance situations in which many different
individuals are left to determine the intent and method prescribed by
such instructions, can lead to problems determining the state of
compliance of aircraft that have had work accomplished per the required
accomplishment instructions. In the past, this has led to the grounding
of airplanes at significant expense to the airlines, while confusion
over the interpretation of said instructions is determined and
resolved. Therefore, Delta believes that either Boeing Service Bulletin
737-24A1141 should be revised to clarify the meaning of vague terms
(e.g., ``typical''), or the AD should include notes to accomplish the
same intent.
    Delta states that failure to clarify the vague terms will likely
lead to the same compliance issues that operators previously
experienced with the B737 Rudder System Enhancement Program (AD 2007-
03-07, Amendment 39-14918, 72 FR 4625, February 1, 2007) and MD88
auxiliary hydraulic pump feeder wire inspection/modification (AD 2006-
15-15, Amendment 39-14696, 71 FR 43035, July 31, 2006).
    We find that clarification of certain material contained in Boeing
Service Bulletin 737-24A1141, Revision 3, dated February 20, 2008, is
necessary. We discussed the material referenced by the commenter as
``vague'' with Boeing to clarify the intended meaning.
    Boeing noted that Boeing Service Bulletin 737-24A1141, Revision 3,
dated February 20, 2008, was initially released in January 2004, and
since then has been revised three times (December 2004, December 2005,
and February 2008) to update and correct information. As specified in
Boeing Service Bulletin 737-24A1141, Revision 3, dated February 20,
2008, required actions include: replacing brackets to lower the P5
overhead panel to increase the space between the wire bundles and the
dripshield panel and modules; inspecting to determine if unwanted wire
length or damage exists; retying the wire bundle or reterminating the
wire bundle into the connector to eliminate the unwanted wire; and
repairing damaged wire and using teflon tape, nylon sheet, and lacing
tape to give greater protection to the wire bundles. Also, depending on
airplane configuration, the service bulletin specifies replacing the
standby compass bracket assembly with a new assembly, and replacing the
stud assemblies with new assemblies.
    Boeing clarified that the P5 overhead panel varies from customer to
customer, as indicated in the 98 figures contained in Boeing Service
Bulletin 737-24A1141, Revision 3, dated February 20, 2008. Boeing
explains that the phrase questioned by the commenter--i.e., ``Some
airplanes may have different wires, panels or connectors''--was used in
the illustrations in the figures to indicate that the configuration on
any given customer's airplane may be different from that shown in the
illustrations. The illustrations simply provide examples of various
configurations an operator might find; therefore, the information
provided in the illustrations of the figures is for reference. Boeing
explained further that the word ``typical'' is intended to represent a
configuration that is in more than one location within an illustration.
Additionally, while accomplishment of the steps specified in the tables
of the figures is required, the illustrations are simply examples of
the wiring configuration.
    In addition, we find that the word ``unwanted'' requires
clarification. That term is used in various locations in the service
bulletin in conjunction with wire length conditions--e.g., paragraph
3.B.9. of the Accomplishment Instructions states to ``Inspect the
connectors and the wire bundles in the rear, P5 aft panel to determine
if unwanted wire length exists in Group 1-22 airplanes. See Figure 6.''
We clarify that the General Information section of the Accomplishment
Instructions of Boeing Service Bulletin 737-24A1141, Revision 3, dated
February 20, 2008, references Boeing Standard Wiring Practices Manual
(SWPM) 20-10-11 for wire installation procedures, including defining
the amount of slack and making sure that all wire slack is securely
tied into the parent harness or clamped. Additionally, it should be
noted that tables found in certain figures of Boeing Service Bulletin
737-24A1141, Revision 3, dated February 20, 2008 (Figure 6, for
example), refer operators to the SWPM for general conditions for wire
installation.
    We have revised this final rule to include new Note 2 and Note 3 to
clarify the meaning of the terminology discussed previously.

Updated Contact Information for Alternative Methods of Compliance
(AMOCs)

    We have updated the contact information for paragraph (k) of this
final rule.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We also determined that
this change will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 740 airplanes of the affected design in the
worldwide fleet. This AD affects about 333 airplanes of U.S. registry.
    For all airplanes, the required inspection, replacements, and
wiring change that are required by AD 2006-10-17 and retained in this
AD take about 16 or 18 work hours per airplane (depending on airplane
configuration), at an average labor rate of $80 per work hour. Required
parts cost about $10,231 or $11,139 per airplane (depending on the
kit). Based on these figures, the estimated cost of the replacements
and inspections required by this AD for U.S. operators is between
$3,833,163 and $4,188,807, or between $11,511 and $12,579 per airplane.
    For certain airplanes, the modification of the generator drive and
standby power module assembly that is required by AD 2006-10-17 and
retained in this AD takes about 2 work hours per airplane, at an
average labor rate of $80 per work hour. The airplane manufacturer
states that it will supply required parts to operators at no cost.
Based on these figures, the estimated cost of this modification
required by this AD is $160 per airplane.
    For certain other airplanes, the modification of the air
conditioning module assembly that is required by AD 2006-10-17 and
retained in this AD takes about 1 work hour per airplane, at an average
labor rate of $80 per work hour. The airplane manufacturer states that
it will supply required parts to operators at no cost. Based on these
figures, the estimated cost of this modification required by this AD is
$80 per airplane.
    For certain airplanes, the new action takes about 21 or 23 work
hours per airplane depending on the airplane configuration, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of the new actions required by this AD for U.S.
operators is $1,680 or $1,840 per airplane, depending on the airplane
configuration.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14601 (71 FR 28766, May 18, 2006) and by adding
the following new airworthiness directive (AD):

2009-16-07 Boeing: Amendment 39-15990. Docket No. FAA-2008-1143;
Directorate Identifier 2008-NM-136-AD.

Effective Date

    (a) This AD becomes effective September 22, 2009.

Affected ADs

    (b) This AD supersedes AD 2006-10-17.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800,
and -900 series airplanes, certificated in any category; as
identified in Boeing Service Bulletin 737-24A1141, Revision 3, dated
February 20, 2008.

Unsafe Condition

    (d) This AD results from a report of an electrical burning smell
in the flight compartment. We are issuing this AD to prevent wire
bundles from contacting the overhead dripshield panel and modules in
the P5 overhead panel, which could result in electrical arcing and
shorting of the electrical connector and consequent loss of several
critical systems essential for safe flight; and to ensure proper
operation of the passenger oxygen system. If an improperly
functioning passenger oxygen system goes undetected, the passenger
oxygen mask could fail to deploy and result in possible
incapacitation of passengers during a depressurization event.

Compliance

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

Requirements of AD 2006-10-17

Inspection/Replacements/Wiring Changes/Corrective Actions

    (f) Within 36 months after June 22, 2006 (the effective date of
AD 2006-10-17), do the applicable actions in paragraphs (f)(1)
through (f)(5) of this AD by accomplishing all the applicable
actions specified in the Accomplishment Instructions of Boeing
Service Bulletin 737-24A1141, Revision 2, dated December 1, 2005,
except as provided by paragraph (i) of this AD. Any applicable
corrective actions must be done before further flight.
    (1) Replace the five brackets that hold the P5 panel to the
airplane structure with new brackets;

    (2) Do a general visual inspection for wire length and damage of
the connectors and the wire bundles, and applicable corrective
actions;
    (3) Make wiring changes;
    (4) Replace the standby compass bracket assembly with a new
assembly; and
    (5) Replace the stud assemblies with new assemblies.

    Note 1:  For the purposes of this AD, a general visual
inspection is: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to ensure visual access to all surfaces in the inspection
area. This level of inspection is made under normally available
lighting conditions such as daylight, hangar lighting, flashlight,
or droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''

    (g) Actions done before June 22, 2006, in accordance with Boeing
Alert Service Bulletin 737-24A1141, Revision 1, dated December 23,
2004, are acceptable for compliance with the requirements of
paragraph (f) of this AD.

Concurrent Requirements

    (h) Before or concurrently with the requirements of paragraph
(f) of this AD, do the applicable action specified in Table 1 of
this AD.

                    Table 1--Concurrent Requirements
------------------------------------------------------------------------
 For airplanes identified in
   Boeing component Service                      Action
          Bulletin--
------------------------------------------------------------------------
(1) 233A3205-24-01, dated      Modify the generator drive and standby
 July 26, 2001.                 power module assembly in accordance with
                                the Accomplishment Instructions of
                                Boeing Component Service Bulletin
                                233A3205-24-01, dated July 26, 2001.
(2) 69-37319-21-02, Revision   Modify the air conditioning module
 1, dated August 30, 2001.      assembly in accordance with the
                                Accomplishment Instructions of Boeing
                                Component Service Bulletin 69[dash]37319-
                                21-02, Revision 1, dated August 30,
                                2001.
------------------------------------------------------------------------

New Actions Required by This AD

New Service Bulletin Revision

    (i) As of the effective date of this AD, use only the
Accomplishment Instructions of Boeing Service Bulletin 737-24A1141,
Revision 3, dated February 20, 2008, to do all the applicable
actions required by paragraph (f) of this AD.

    Note 2: Accomplishment of the steps specified in the tables of
the figures of Boeing Service Bulletin 737-24A1141, Revision 3,
dated February 20, 2008, is required. Due to the variability of
airplane configurations, the illustrations in the figures are
provided as examples.

    Note 3:  Boeing Service Bulletin 737-24A1141, Revision 3, dated
February 20, 2008, refers to ``unwanted'' wire length. ``Unwanted''
wire length is any wire length that does not meet the wire length
requirements specified in the Standard Wiring Practices Manual
(SWPM).

Additional Operational Test

    (j) For airplanes on which the actions required by paragraph (f)
of this AD have been done in accordance with Boeing Service Bulletin
737-24A1141, Revision 2, dated December 1, 2005, before the
effective date of this AD: Within 12 months after the effective date
of this AD, do an operational test of the P5-14 panel in accordance
with paragraphs 3.B.92. and 3.B.93., as applicable, of the
Accomplishment Instructions of Boeing Service Bulletin 737-24A1141,
Revision 3, dated February 20, 2008.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to Attn: Binh
Tran, Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-
<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) AMOCs approved previously in accordance with AD 2006-10-17
are approved as AMOCs for the corresponding provisions of this AD.

Material Incorporated by Reference

    (l) You must use the service information contained in Table 2 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.

                                 Table 2--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                 Document                         Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Boeing Component Service Bulletin          Original....................  July 26, 2001.
 233A3205-24-01.
Boeing Component Service Bulletin 69-      1...........................  August 30, 2001.
 37319-21-02.
Boeing Service Bulletin 737-24A1141......  3...........................  February 20, 2008.
----------------------------------------------------------------------------------------------------------------

     (1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
Table 3 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

                                 Table 3--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                 Document                         Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin 737-24A1141......  3...........................  February 20, 2008.
----------------------------------------------------------------------------------------------------------------

     (2) The Director of the Federal Register previously approved
the incorporation by reference of the service information contained
in Table 4 of this AD on June 22, 2006 (71 FR 28766, May 18, 2006).

                             Table 4--Material Previously Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                 Document                         Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Boeing Component Service Bulletin          Original....................  July 26, 2001.
 233A3205-24-01.
Boeing Component Service Bulletin 69-      1...........................  August 30, 2001.
 37319-21-02.
----------------------------------------------------------------------------------------------------------------

    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on August 7, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-19180 Filed 8-17-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Rules and Regulations]
[Pages 56859-56865]
[FR Doc No: 2017-25557]

========================================================================
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. 82, No. 230 / Friday, December 1, 2017 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0476; Product Identifier 2016-NM-110-AD; Amendment
39-19111; AD 2017-24-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2014-08-01,
which applied to all Airbus Model A318, A319, A320, and A321 series
airplanes. AD 2014-08-01 required an inspection for part numbers of the
interconnecting struts and, for affected interconnecting struts,
identification of the part and serial numbers of the associated target
and proximity sensors and replacement or re-identification of the flap
interconnecting strut if necessary. This AD continues to require an
inspection to verify the interconnecting strut part number. This AD
also provides a new compliance time and an additional inspection for
previously inspected airplanes. This AD was prompted by an
investigation that showed that when a certain combination of target/
proximity sensor serial numbers is installed on a flap interconnecting
strut, a ``target FAR'' signal cannot be detected when reaching the
mechanical end stop of the interconnecting strut. We are issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective January 5, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 5,
2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
26, 2014 (79 FR 9398, February 19, 2014).

ADDRESSES: For service information identified in this final rule,
contact Airbus, Airworthiness Office--EIAS, 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 protected]; Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0476.

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-2017-
0476; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, 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: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax
425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2014-08-01, Amendment 39-17825 (79 FR 23900,
April 29, 2014) (``AD 2014-08-01''). AD 2014-08-01 applied to all
Airbus Model A318, A319, A320, and A321 series airplanes. The NPRM
published in the Federal Register on May 19, 2017 (82 FR 22918).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0113, dated June 15, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Airbus Model A318, A319, A320, and A321 series
airplanes. The MCAI states:

    The flap interconnecting strut is a safety device of the High
Lift System which acts as an alternative load path from one flap
surface to another in case of a flap drive system disconnection. In
such a failure case, the installed proximity sensors provide
information to the slat flap control computer (SFCC) and the
operation of the flap drive system is inhibited.
    An engineering investigation showed that, when a certain
combination of target/sensor serial number (s/n) is installed on a
flap interconnecting strut, a ``target FAR'' signal cannot be
detected when reaching the mechanical end stop of the
interconnecting strut.
    This condition, if not corrected, could cause a flap down drive
disconnection to remain undetected, due to an already-failed
interconnecting strut sensor, potentially resulting in asymmetric
flap panel movement and consequent loss of control of the aeroplane.
    To address this potential unsafe condition, Airbus issued
Service Bulletin (SB) A320-27-1206 and SB A320-57-1164, to provide
identification and replacement instructions for struts that have a
certain target/sensor s/n combination installed. Aeroplanes on which
modification (mod) 27956 had been accomplished in production were
identified as not affected by the unsafe condition. Consequently,
EASA issued [EASA] AD 2012-0012 [which corresponds to FAA AD 2014-
08-01] to require accomplishment of these inspections and corrective
actions.
    Since that [EASA] AD was issued, Airbus has informed EASA about
a batch of aeroplanes that were delivered with pre-mod 27956 Part
Number (P/N) flap interconnecting strut(s) installed, but declared
to be in post-mod configuration in the Aircraft Inspection Report.
Airbus SB A320-57-1202 has been issued to provide instructions to
verify the interconnecting strut P/N, and to update aircraft
documentation.
    In addition, to ensure that all pre-mod parts are checked and
corrected as required, SB A320-27-1206 was revised to include a
wider range of P/N of affected interconnecting struts.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA

AD 2012-0012, which is superseded, expands the Applicability [adds
affected part numbers], changes the compliance time and requires an
additional inspection for aeroplanes that have already been
inspected.

    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-2017-
0476.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment. United Airlines and the Air Line
Pilots Association, International supported the NPRM.

Request To Add Additional Identification Steps

    Delta Airlines (DAL) requested that additional identification steps
be required in the NPRM to ensure that the affected parts are correctly
identified. DAL stated that figure 1 to paragraphs (g) and (h) of the
proposed AD contains part numbers for affected interconnecting struts.
DAL commented that a review of its records from inspections conducted
during compliance with AD 2014-08-01 determined that other part numbers
were possible. DAL stated that it has had at least one instance of a
part with the part number D5757032200000A.
    DAL stated that figure 2 to paragraphs (i)(2), (k), and (l) of the
proposed AD adds the provision that additional alphanumeric characters
may exist. DAL commented that while the NPRM removes some of the
ambiguity that existed in AD 2014-08-01, a review of Airbus's Aircraft
Illustrated Parts Catalog (AIPC) does not show any parts with a
``letter'' suffix. DAL provided a photo that showed that the part
number appears to ``wrap'' (to the next line) on the part. DAL stated
that this ``wrapping'' condition has led to confusion in identifying
the parts.
    DAL stated that per the Airbus AIPC Front Matter, the 13th, 14th,
and 15th characters are controlled in specific ways. DAL also stated
that the 13th and 14th characters are expected to be ``00'' and are
used to fill out 12-digit base numbers on the part installed during
production. DAL stated that the 15th character is a paint code
designator and found the use of a paint code designator unusual on a
part that is not viewable or expected to be painted to match an air
carrier paint scheme. DAL commented that it believes the AD should be
updated to show 00A, 00B, or the list of true possibilities, and the
XXX allowance creates a significant number of possible part numbers
that DAL must identify as prohibited.
    We agree to clarify the requirement to identify affected parts.
Regarding the characters in the part number, identifying the last three
characters are not required to identify a discrepant part; only the
first twelve base numbers are required. Therefore, we do not agree to
revise this AD to include a complete list of all possible combinations
of these characters.
    We acknowledge the commenter's concern about the ``wrapping''
condition for part identification. However, in the photo provided by
the commenter only the last three characters are ``wrapped.'' As stated
previously, the last three characters are not required to identify a
discrepant part.

Formatting Change to a Figure

    Figure 3 to paragraph (k)(1) of this AD has been reformatted to
clarify affected manufacturer serial numbers.

Records Review

    We have determined that a review of maintenance records is
acceptable for complying with the actions specified in paragraphs
(i)(1) and (i)(2) of this AD, provided the part number of the installed
interconnecting struts and the part number and the serial number of the
associated target and proximity sensor can be conclusively determined
from that review. We have revised paragraph (i) of this AD accordingly.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-27-1206, Revision 02, dated
November 2, 2015. The service information describes procedures for an
inspection to determine the part number of the installed
interconnecting struts and the part number and serial number of the
associated target and proximity sensors, and procedures for replacement
and re-identification of the interconnecting struts. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 1,032 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and replacement           8 work-hours x $85 per hour              $0            $680        $701,760
 (retained actions from AD 2014-08-   = $680.
 01).
Inspection and replacement (new      15 work-hours x $85 per                   0           1,275       1,315,800
 action).                             hour = $1,275.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with

promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2014-08-01, Amendment 39-17825 (79 FR 23900, April 29, 2014), and
adding the following new AD:

2017-24-07 Airbus: Amendment 39-19111; Docket No. FAA-2017-0476;
Product Identifier 2016-NM-110-AD.

(a) Effective Date

    This AD is effective January 5, 2018.

(b) Affected ADs

    This AD replaces AD 2014-08-01, Amendment 39-17825 (79 FR 23900,
April 29, 2014) (``AD 2014-08-01'').

(c) Applicability

    This AD applies to Airbus Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; Model A320-211, -212, -214, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes; certificated in any category; all manufacturer
serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by an investigation that showed that when a
certain combination of target/proximity sensor serial numbers is
installed on a flap interconnecting strut, a ``target FAR'' signal
cannot be detected when reaching the mechanical end stop of the
interconnecting strut. We are issuing this AD to prevent an
undetected flap down drive disconnection due to an already-failed
interconnecting strut sensor, which could result in asymmetric flap
panel movement and consequent loss of control of the airplane.

(f) Compliance

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

(g) Retained Inspection To Determine the Part Number of the
Interconnecting Struts, With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD
2014-08-01, with revised service information. Within 8,000 flight
hours after March 26, 2014 (the effective date of AD 2014-03-08,
Amendment 39-17745 (79 FR 9398, February 19, 2014) (``AD 2014-03-
08'')), inspect to determine the part number of the interconnecting
struts installed on both the left-hand (LH) and right-hand (RH)
wings of the airplane, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-27-1206, Revision 01,
dated October 10, 2011; or Airbus Service Bulletin A320-27-1206,
Revision 02, dated November 2, 2015. A review of the airplane
maintenance records is acceptable for determining the part number of
the installed interconnecting struts, in lieu of the inspection, if
the part number of the installed interconnecting struts, and the
part number and the serial number of the associated target and
proximity sensor, can be conclusively determined from that review.
Accomplishment of the requirements of paragraph (i) of this AD
terminates the requirements of this paragraph.
    (1) Airplanes on which Airbus Modification 27956 has been
embodied in production, and on which no interconnecting strut has
been replaced with a strut having a part number specified in figure
1 to paragraphs (g) and (h) of this AD since the airplane's first
flight: No further work is required by paragraph (g) of this AD.
    (2) If, during the inspection required by paragraph (g) of this
AD, any interconnecting strut is installed with a part number
specified in figure 1 to paragraphs (g) and (h) of this AD: Within
8,000 flight hours after March 26, 2014 (the effective date of AD
2014-03-08), determine the part number and the serial number of the
associated target and proximity sensor.
    (i) For airplanes having conditions specified in paragraphs
(g)(2)(i)(A), (g)(2)(i)(B), (g)(2)(i)(C), and (g)(2)(i)(D) of this
AD: Before further flight, replace the interconnecting strut with a
serviceable unit, in accordance with the Accomplishment Instructions
of Airbus Service Bulletin A320-27-1206, Revision 01, dated October
10, 2011; or Airbus Service Bulletin A320-27-1206, Revision 02,
dated November 2, 2015. For the purposes of paragraph (g) of this
AD, a serviceable interconnecting strut is a unit that has been
determined to be in compliance with the requirements of paragraph
(g) of this AD.
    (A) A target part number (P/N) ABS0121-13 or P/N 8-536-01; and
    (B) A target serial number lower than 1600, or a target serial
number that is unreadable; and
    (C) A proximity sensor having P/N ABS0121-31 or P/N 8-372-04;
and
    (D) A proximity sensor having a serial number between C59198 and
C59435, or a serial number (S/N) C500000 or higher.
    (ii) For a target having S/N 1600 or higher and target P/N
ABS0121-13 or P/N 8-536-01: Within 8,000 flight hours after March
26, 2014 (the effective date of AD 2014-03-08), re-identify the
interconnecting strut, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-27-1206, Revision 01,
dated October 10, 2011; or Airbus Service Bulletin A320-27-1206,
Revision 02, dated November 2, 2015.
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[GRAPHIC] [TIFF OMITTED] TR01DE17.000

(h) Retained Parts Installation Prohibition, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2014-08-01, with no changes. As of March 26, 2014 (the effective
date of AD 2014-03-08), no person may install an interconnecting
strut with a part number specified in figure 1 to paragraphs (g) and
(h) of this AD, on any airplane, except for parts identified in
paragraph (g)(2)(ii) of this AD, provided that the actions in
paragraph (g)(2)(ii) are done. As of the effective date of this AD,
comply with the requirements of paragraph (l) of this AD in lieu of
the requirements of this paragraph.

(i) New Requirements of This AD: Inspection To Determine the Part
Number of the Interconnecting Struts and the Part Number and Serial
Number of the Associated Target and Proximity Sensor

    Within 24 months after the effective date of this AD, accomplish
the actions specified in paragraphs (i)(1) and (i)(2) of this AD, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-27-1206, Revision 02, dated November 2, 2015.
Accomplishment of the actions specified in this paragraph terminates
the requirements of paragraph (g) of this AD. In lieu of doing the
actions specified in paragraphs (i)(1) and (i)(2) of this AD, a
review of the airplane maintenance records is acceptable for
determining the part number of the installed interconnecting struts
and the part number and the serial number of the associated target
and proximity sensor, if the part number and serial numbers can be
conclusively determined from that review.
    (1) Inspect to determine the part number of the interconnecting
struts installed on both the LH and RH wings on the airplane.
    (2) If an interconnecting strut is installed with a part number
specified in figure 2 to paragraphs (i)(2), (k), and (l) of this AD,
identify the part number and the serial number of the associated
target and proximity sensor; and for the target and proximity sensor
part number and serial number combination specified in paragraph (j)
of this AD, within the compliance times specified in paragraph (j)
of this AD, do the actions specified in paragraph (j) of this AD for
that interconnecting strut.

[GRAPHIC] [TIFF OMITTED] TR01DE17.001

(j) New Requirements of This AD: Replacement or Re-Identification

    (1) If the target serial number is lower than 1600 or is
unreadable, and the proximity sensor part number is P/N ABS0121-31
or P/N 8-372-04 with a serial number between S/N C59198 and C59435,
or S/N C500000 or higher: Before further flight, do the actions
specified by paragraph (j)(1)(i) or (j)(1)(ii) of this AD. For the
purposes of paragraph (j) of this AD, a serviceable interconnecting
strut is a unit that has been determined to be in compliance with
the requirements of paragraphs (i) and (j) of this AD.
    (i) Replace the interconnecting strut with a serviceable unit,
in accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-27-1206, Revision 02, dated November 2, 2015.
    (ii) Do a general visual inspection of the flap down drive to
detect discrepancies, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-27-1206, Revision 02,
dated November 2, 2015.
    (A) If no discrepancy is found, within 50 flight cycles after
the inspection, replace the interconnecting strut with a serviceable
unit, in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A320-27-1206, Revision 02, dated November 2, 2015.
    (B) If any discrepancy is found, before further flight, replace
the interconnecting strut with a serviceable unit, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A320-27-1206, Revision 02, dated November 2, 2015.
    (2) If the target serial number is 1600 or higher (with any
proximity sensor part number and serial number): Within 24 months
after the effective date of this AD, re-identify the interconnecting
strut, in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A320-27-1206, Revision 02, dated November 2, 2015.

(k) Additional Provisions of This AD

    (1) Airplanes on which Airbus Modification 27956 has been
embodied in production, and on which no interconnecting strut with a
part number identified in figure 2 to paragraphs (i)(2), (k), and
(l) of this AD has been installed since the airplane's first flight,
are not affected by the requirements of paragraph (i) of this AD,
except for those manufacturer serial numbers specified in figure 3
to paragraph (k)(1) of this AD. Airplanes having manufacturer serial
numbers specified in figure 3 to paragraph (k)(1) of this AD are
affected by the requirements of paragraph (i) of this AD.
    (2) For an airplane that has already been inspected before the
effective date of this AD as specified in the Accomplishment
Instructions of Airbus Service Bulletin A320-27-1206, dated January
28, 2011; or Revision 01, dated October 10, 2011: Within the
compliance time specified in paragraph (i) of this AD, accomplish
the additional work specified in and in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-27-1206,
Revision 02, dated November 2, 2015, unless it is determined that no
interconnecting strut with a part number specified in figure 2 to
paragraphs (i)(2), (k), and (l) of this AD is installed on that
airplane. A review of airplane maintenance records is acceptable to
make this determination, provided the part number can be
conclusively identified from that review.

[GRAPHIC] [TIFF OMITTED] TR01DE17.002

BILLING CODE 4910-13-C

(l) New Requirement of This AD: Parts Installation Limitations

    As of the effective date of this AD, no person may install, on
any airplane, an interconnecting strut with a part number specified
in figure 2 to paragraphs (i)(2), (k), and (l) of this AD, unless it
is in compliance with the requirements of this AD.

(m) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before
March 26, 2014 (the effective date of AD 2014-03-08), using Airbus
Service Bulletin A320-27-1206, dated January 28, 2011, and if
additional work since March 26, 2014 (the effective date of AD 2014-
03-08) has been accomplished using Airbus Service Bulletin A320-27-
1206, Revision 01, dated October 10, 2011.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International

Section, Transport Standards Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
International Section, send it to the attention of the person
identified in paragraph (o)(2) of this AD. Information may be
emailed to: [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2014-08-01 are approved as
AMOCs for the corresponding provisions of paragraphs (g) and (h) of
this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or the European Aviation Safety Agency (EASA); or
Airbus's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0113, dated June 15, 2016, 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-2017-0476.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(5) and (p)(6) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
January 5, 2018.
    (i) Airbus Service Bulletin A320-27-1206, Revision 02, dated
November 2, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
March 26, 2014 (79 FR 9398, February 19, 2014).
    (i) Airbus Service Bulletin A320-27-1206, Revision 01, dated
October 10, 2011.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 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 protected]; Internet http://www.airbus.com.
    (6) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 16, 2017.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-25557 Filed 11-30-17; 8:45 am]
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