[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Rules and Regulations]
[Page 39955]
[FR Doc No: 2017-17819]

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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. 162 / Wednesday, August 23, 2017 /
Rules and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0781]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Matanzas River, St. Augustine, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule and vertical clearance that governs the Crescent
Beach Bridge (SR 206) across the Atlantic Intracoastal Waterway
(Matanzas River), mile 788.6, at St. Augustine, Florida. The temporary
deviation is necessary to complete rehabilitation work on the bridge.
This temporary deviation allows the bridge single-leaf operations on a
schedule with an advanced notice for a double-leaf opening and a two
foot reduction in the vertical clearance of the bridge. This action is
intended to allow for the contractor to conduct necessary
rehabilitation work on the bascule spans with little to no effect on
navigation.

DATES: This deviation is effective without actual notice from August
23, 2017 through 4 p.m. on November 30, 2017. For the purposes of
enforcement, actual notice will be used from August 17, 2017 at 7 a.m.
until August 23, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0781 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email LT Allan Storm, U.S. Coast Guard
Sector Jacksonville, Waterways Management Division; telephone 904-714-
7616, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Florida Department of Transportation
(FDOT) requested a temporary deviation from the operating schedule and
a vertical clearance reduction that governs the Crescent Beach Bridge
(SR 206), Atlantic Intracoastal Waterway (Matanzas River), mile 788.6,
St. Augustine, Florida. The bridge is a double leaf bascule bridge with
a 20 foot vertical clearance in the closed position.
    The deviation period is from 7 a.m. on August 17, 2017 to 4 p.m. on
November 30, 2017. During this period, the bridge is allowed single
leaf operations on a twice an hour schedule and with a two hour notice
for a double leaf opening with a two foot reduction in the vertical
clearance on the closed position. From 7 a.m. to 4 p.m., Monday through
Friday and 7 a.m. to 7 p.m., Saturday and Sunday, the bridge will open
on the hour and half hour. The vertical clearance will be reduced to 18
feet for the duration of the deviation period.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterways through our Local and
Broadcast Notices to Mariners of the change in operating schedule and
vertical clearance for the bridge so that vessel operators can arrange
their transits to minimize any impact caused by the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 17, 2017.
Barry L. Dragon,
Director, Bridge Branch, Seventh Coast Guard District.
[FR Doc. 2017-17819 Filed 8-22-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Page 12302]
[FR Doc No: 2012-4841]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9640-9]

Request for Public Comments on the List of Candidates for EPA's
Science Advisory Board (SAB), Chemical Assessment Advisory Committee

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) invites public
comments on the list of candidates being considered for appointment to
the EPA's Science Advisory Board (SAB) Chemical Assessment Advisory
Committee (CAAC).

DATES: Comments should be submitted in time to arrive no later than
March 21, 2012.

FOR FURTHER INFORMATION CONTACT: Members of the public wishing to
obtain further information may contact the Dr. Suhair Shallal, the
Designated Federal Officer (DFO) for the committee, by email at
<EMAIL_ADDRESS>or by telephone at<PHONE_NUMBER>.
    Background: The U.S. Environmental Protection Agency (EPA) Science
Advisory Board (SAB) Staff Office announced in a Federal Register
Notice (Vol. 76, No. 223, pp. 71561-62) published on November 18, 2011
that it was forming a new committee under the auspices of the SAB to
provide advice to EPA through the chartered SAB regarding the
development of IRIS Toxicological Reviews available on EPA's Integrated
Risk Assessment System (IRIS). The SAB Staff Office sought public
nominations of nationally and internationally recognized experts with
knowledge in human health risk assessment and expertise in a range of
disciplines including, but not limited to: public health; epidemiology;
toxicology; modeling; biostatistics; and risk assessment. The SAB Staff
Office hereby invites public comments on the list of candidates under
consideration for the SAB Chemical Assessment Advisory Committee.
    How To Submit Comments: Any interested person or organization may
submit comments to Dr. Suhair Shallal, Designated Federal Officer, no
later than March 21, 2012. Emailing comments<EMAIL_ADDRESS>
is the preferred mode of receipt. Please be advised that public
comments are subject to release under the Freedom of Information Act.

    Dated: February 22, 2012.
 Vanessa T. Vu,
Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2012-4841 Filed 2-28-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 11, 2007 (Volume 72, Number 7)]
[Notices]
[Page 1346-1348]
[DOCID:fr11ja07-68]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 27655; 812-13279]

NexBank Securities, Inc. and NexBank Series; Notice of
Application

January 4, 2007.
AGENCY: Securities and Exchange Commission (SEC).

ACTION: Notice of an application under (a) section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
2(a)(32), 2(a)(35), 14(a), 19(b), 22(d) and 26(a)(2)(C) of the Act and
rules 19b-1 and rule 22c-1 thereunder and (b) sections 11(a) and 11(c)
of the Act for approval of certain exchange and rollover privileges.

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Applicants:  NexBank Securities, Inc. (``NexBank Securities'') and
NexBank Series (``Nexbank'').\1\
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    \1\ Applicants also request relief for existing and future
series (``Series'') of NexBank and of other unit investment trusts
(``UITs'') sponsored by a Depositor (``Trusts''). The ``Depositors''
are NexBank Securities and any entity controlling, controlled by or
under common control with NexBank Securities. Any future Series that
relies on the requested order will comply with the terms and
conditions of the application. All presently existing Trusts that
currently intend to rely on the requested order are named as
applicants.

Summary of Application:  Applicants request an order to permit certain
UITs to: (a) Impose sales charges on a deferred basis and waive the
deferred sales charge in certain cases; (b) offer unitholders certain
exchange and rollover options; (c) publicly offer units without
requiring the Depositor to take for its own account or place with
others $100,000 worth of units; and (d) distribute capital gains
resulting from the sale of portfolio securities within a reasonable
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time after receipt.

Filing Dates:  The application was filed on April 17, 2006. Applicants
have agreed to file an amendment during the notice period, the
substance of which is reflected in this notice.

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 January 29, 2007, and should be accompanied by proof of service
on the 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 Commission's Secretary.

ADDRESSES: Secretary, Commission, 100 F Street, NE., Washington, DC
20549-1090; Applicants, c/o Felice R. Foundos, Chapman and Cutler LLP,
111 West Monroe Street, Chicago, IL 60603.

FOR FURTHER INFORMATION CONTACT: Barbara T. Heussler, Senior Counsel,
at<PHONE_NUMBER>, or Stacy L. Fuller, Branch Chief, at<PHONE_NUMBER>
(Office of Investment Company Regulation, Division of Investment
Management).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Desk, 100 F Street, NE., Washington, DC
20549-0102 (telephone<PHONE_NUMBER>).

Applicants' Representations

    1. Nexbank is a UIT registered under the Act. Each Series will be a
series of a Trust, each a UIT which is or will be registered under the
Act. NexBank Securities, a Delaware corporation, is registered under
the Securities Exchange Act of 1934 as a broker-dealer and is the
depositor of NexBank. Each Trust will be sponsored by a Depositor. Each
Series will be created by a trust indenture between the Depositor and a
banking institution or trust company as trustee (``Trustee'').
    2. The Depositor acquires a portfolio of securities, which it
deposits with the Trustee in exchange for certificates representing
units of fractional undivided interest in the Series' portfolio
(``Units''). The Units are offered to the public through the Depositor
and dealers at a price which, during the initial offering period, is
based upon the aggregate market value of the underlying securities plus
a front-end sales charge. The Depositor may reduce the sales charge in
compliance with rule 22d-1 under the Act in certain circumstances,
which are disclosed in the Series' prospectus.
    3. The Depositor does not currently intend to maintain a secondary
market for Units of outstanding Series, but may seek to do so in the
future. Other broker-dealers may or may not maintain a secondary market
for Units of a Series. If a secondary market is maintained, investors
will be able to purchase Units on the secondary market at the current
public offering price plus a front-end sales charge. If such a market
is not maintained at any time for any Series, holders of the Units
(``Unitholders'') of that Series may redeem their Units through the
Trustee.

A. Deferred Sales Charge and Waiver of Deferred Sales Charge Under
Certain Circumstances

    1. Applicants request an order to the extent necessary to permit
one or more Series to impose a sales charge on a deferred basis
(``DSC''). For each Series, the Depositor would set a maximum sales
charge per Unit, a portion of which may be collected ``up front''
(i.e., at the time an investor purchases the Units). The DSC would be
collected subsequently in installments (``Installment Payments'') as
described in the application. The Depositor would not add any amount
for interest or any similar or related charge to adjust for such
deferral.
    2. When a Unitholder redeems or sells Units, the Depositor intends
to deduct any unpaid DSC from the redemption or sale proceeds. When
calculating the amount due, the Depositor will assume that Units on
which the DSC has been paid in full are redeemed or sold first. With
respect to Units on which the DSC has not been paid in full, the
Depositor will assume that the Units held for the longest time are
redeemed or sold first. Applicants represent that the DSC collected at
the time of redemption or sale, together with the Installment Payments
and any amount collected up front, will not exceed the maximum sales
charge per Unit. Under certain circumstances, the Depositor may waive
the collection of any unpaid DSC in connection with redemptions or
sales of Units. These circumstances will be disclosed in the prospectus
for the

relevant Series and implemented in accordance with rule 22d-1 under the
Act.
    3. Each Series offering Units subject to a DSC will state the
maximum charge per Unit in its prospectus. In addition, the prospectus
for such Series will include the table required by Form N-1A (modified
as appropriate to reflect the difference between UITs and open-end
management investment companies) and a schedule setting forth the
number and date of each Installment Payment, along with the duration of
the collection period. The prospectus also will disclose that portfolio
securities may be sold to pay an Installment Payment if distribution
income is insufficient and that securities will be sold pro rata or a
specific security will be designated for sale.

B. Exchange Option and Rollover Option

    1. Applicants request an order to the extent necessary to permit
Unitholders of a Series to exchange their Units for Units of another
Series (``Exchange Option'') and Unitholders of a Series that is
terminating to exchange their Units for Units of a new Series of the
same type (``Rollover Option''). The Exchange Option and Rollover
Option would apply to all exchanges of Units sold with a front-end
sales charge or DSC.
    2. A Unitholder who purchases Units under the Exchange Option or
Rollover Option would pay a lower sales charge than that which would be
paid for the Units by a new investor. The reduced sales charge will be
reasonably related to the expenses incurred in connection with the
administration of the DSC program, which may include an amount that
will fairly and adequately compensate the Depositor and participating
underwriters and brokers for their services in providing the DSC
program.
    3. Pursuant to the Exchange Option, an adjustment would be made if
Units of any Series are exchanged within five months of their
acquisition for Units of a Series with a higher sales charge (``Five
Months Adjustment''). An adjustment also would be made if Units on
which a DSC is collected are exchanged for Units of a Series that
imposes a front-end sales charge and the exchange occurs before the DSC
collected (plus any amount collected up front on the exchanged Units)
at least equals the per Unit sales charge on the acquired Units (``DSC
Front-End Exchange Adjustment''). If an exchange involves either the
Five Months Adjustment or the DSC Front-End Exchange Adjustment, the
Unitholder would pay the greater of the reduced sales charge or an
amount which, together with the sales charge already paid on the
exchanged Units, equals the normal sales charge on the acquired Units
on the date of the exchange. With appropriate disclosures, the
Depositor may waive such payment. Further, the Depositor would reserve
the right to vary the sales charge normally applicable to a Series and
the charge applicable to exchanges, as well as to modify, suspend, or
terminate the Exchange Option as set forth in the conditions to the
application.

Applicants' Legal Analysis

A. DSC and Waiver of DSC

    1. Section 4(2) of the Act defines a ``unit investment trust'' as
an investment company that issues only redeemable securities. Section
2(a)(32) of the Act defines a ``redeemable security'' as a security
that, upon its presentation to the issuer, entitles the holder to
receive approximately his or her proportionate share of the issuer's
current net assets or the cash equivalent of those assets. Rule 22c-1
under the Act requires that the price of a redeemable security issued
by a registered investment company for purposes of sale, redemption or
repurchase be based on the security's current net asset value
(``NAV''). Because the collection of any unpaid DSC may cause a
redeeming Unitholder to receive an amount less than the NAV of the
redeemed Units, applicants request relief from section 2(a)(32) and
rule 22c-1.
    2. Section 22(d) of the Act and rule 22d-1 under the Act require a
registered investment company and its principal underwriter and dealers
to sell securities only at the current public offering price described
in the investment company's prospectus, with the exception of sales of
redeemable securities at prices that reflect scheduled variations in
the sales load. Section 2(a)(35) of the Act defines the term ``sales
load'' as the difference between the sales price and the portion of the
proceeds invested by the depositor or trustee. Applicants request
relief from section 2(a)(35) and section 22(d) to permit waivers,
deferrals or other scheduled variations of the sales load.
    3. Under section 6(c) of the Act, the Commission may exempt classes
of transactions, if and to the extent that such exemption is necessary
or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act. Applicants state that their proposal meets
the standards of section 6(c). Applicants state that the provisions of
section 22(d) are intended to prevent (a) riskless trading in
investment company securities due to backward pricing, (b) disruption
of orderly distribution by dealers selling shares at a discount, and
(c) discrimination among investors resulting from different prices
charged to different investors. Applicants assert that the proposed DSC
program will present none of these abuses. Applicants further state
that all scheduled variations in the sales load will be disclosed in
the prospectus of each Series and applied uniformly to all investors,
and that applicants will comply with all the conditions set forth in
rule 22d-1.
    4. Section 26(a)(2)(C) of the Act, in relevant part, prohibits a
trustee or custodian of a UIT from collecting from the trust as an
expense any payment to the trust's depositor or principal underwriter.
Because the Trustee's payment of the DSC to the Depositor may be deemed
to be an expense under section 26(a)(2)(C), applicants request relief
under section 6(c) from section 26(a)(2)(C) to the extent necessary to
permit the Trustee to collect Installment Payments and disburse them to
the Depositor. Applicants submit that the relief is appropriate because
the DSC is more properly characterized as a sales load.

B. Exchange Option and Rollover Option

    1. Sections 11(a) and 11(c) of the Act prohibit any offer of
exchange by a UIT for the securities of another investment company
unless the terms of the offer have been approved in advance by the
Commission. Applicants request an order under sections 11(a) and 11(c)
for Commission approval of the Exchange Option and the Rollover Option.
Applicants state that the Five Months Adjustment and the DSC Front-End
Exchange Adjustment in certain circumstances are appropriate to
maintain the equitable treatment of various investors in each Series.

C. Net Worth Requirement

    1. Section 14(a) of the Act requires that a registered investment
company have $100,000 of net worth prior to making a public offering.
Applicants state that each Series will comply with this requirement
because the Depositor will deposit substantially more than $100,000 of
debt and/or equity securities, depending on the objective of the
particular Series. Applicants assert, however, that the Commission has
interpreted section 14(a) as requiring

that the initial capital investment in an investment company be made
without any intention to dispose of the investment. Applicants state
that, under this interpretation, a Series would not satisfy section
14(a) because of the Depositor's intention to sell all the Units of the
Series.
    2. Rule 14a-3 under the Act exempts UITs from section 14(a) if
certain conditions are met, one of which is that the UIT invest only in
``eligible trust securities,'' as defined in the rule. Applicants state
that they may not rely on rule 14a-3 because certain future Series
(collectively, ``Equity Series'') will invest all or a portion of their
assets in equity securities or registered investment company securities
pursuant to an exemptive order, which do not satisfy the definition of
eligible trust securities.
    3. Applicants request an exemption under section 6(c) of the Act to
the extent necessary to exempt the Equity Series from the net worth
requirement in section 14(a). Applicants state that the Series and the
Depositor will comply in all respects with the requirements of rule
14a-3, except that the Equity Series will not restrict their portfolio
investments to ``eligible trust securities.''

D. Capital Gains Distribution

    1. Section 19(b) of the Act and rule 19b-1 under the Act provide
that, except under limited circumstances, no registered investment
company may distribute long-term gains more than once every twelve
months. Rule 19b-1(c), under certain circumstances, exempts a UIT
investing in eligible trust securities (as defined in rule 14a-3) from
the requirements of rule 19b-1. Because the Equity Series do not limit
their investments to eligible trust securities, however, the Equity
Series will not qualify for the exemption in paragraph (c) of rule 19b-
1. Applicants therefore request an exemption under section 6(c) from
section 19(b) and rule 19b-1 to the extent necessary to permit capital
gains earned in connection with the sale of portfolio securities to be
distributed to Unitholders along with the Equity Series' regular
distributions. In all other respects, applicants will comply with
section 19(b) and rule 19b-1.
    2. Applicants state that their proposal meets the standards of
section 6(c). Applicants assert that any sale of portfolio securities
would be triggered by the need to meet Trust expenses, Installment
Payments, or by redemption requests, events over which the Depositor
and the Equity Series do not have control. Applicants further state
that, because principal distributions must be clearly indicated in
accompanying reports to Unitholders as a return of principal and will
be relatively small in comparison to normal dividend distributions,
there is little danger of confusion from failure to differentiate among
distributions.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:

A. DSC Relief and Exchange and Rollover Options

    1. Whenever the Exchange Option or the Rollover Option is to be
terminated or its terms are to be amended materially, any holder of a
security subject to that privilege will be given prominent notice of
the impending termination or amendment at least 60 days prior to the
date of termination or the effective date of the amendment, provided
that: (a) No such notice need be given if the only material effect of
an amendment is to reduce or eliminate the sales charge payable at the
time of an exchange, to add one or more new Series eligible for the
Exchange Option or the Rollover Option, or to delete a Series which has
terminated; and (b) no notice need be given if, under extraordinary
circumstances, either (i) there is a suspension of the redemption of
Units of the Series under section 22(e) of the Act and the rules and
regulations promulgated thereunder, or (ii) a Series temporarily delays
or ceases the sale of its Units because it is unable to invest amounts
effectively in accordance with applicable investment objectives,
policies and restrictions.
    2. An investor who purchases Units under the Exchange Option or the
Rollover Option will pay a lower sales charge than that which would be
paid for the Units by a new investor.
    3. The prospectus of each Series offering exchanges or rollovers
and any sales literature or advertising that mentions the existence of
the Exchange Option or Rollover Option will disclose that the Exchange
Option and the Rollover Option are subject to modification, termination
or suspension without notice, except in certain limited cases.
    4. Any DSC imposed on a Series' Units will comply with the
requirements of subparagraphs (1), (2) and (3) of rule 6c-10(a) under
the Act.
    5. Each Series offering Units subject to a DSC will include in its
prospectus the disclosure required by Form N-1A relating to deferred
sales charges (modified as appropriate to reflect the differences
between UITs and open-end management investment companies) and a
schedule setting forth the number and date of each Installment Payment.

B. Net Worth Requirement

    1. Applicants will comply in all respects with the requirements of
rule 14a-3, except that the Equity Series will not restrict their
portfolio investments to ``eligible trust securities.''

    For the Commission, by the Division of Investment Management,
under delegated authority.
Nancy M. Morris,
Secretary.
 [FR Doc. E7-209 Filed 1-10-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Rules and Regulations]
[Page 78939-78944]
[DOCID:fr24de08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1328; Directorate Identifier 2008-CE-066-AD;
Amendment 39-15776; AD 2008-26-10]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company 172, 175, 177,
180, 182, 185, 188, 206, 207, 208, 210, 303, 336, and 337 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Cessna Aircraft Company (Cessna) 172, 175, 177, 180, 182, 185,
188, 206, 207, 208, 210, 303, 336, and 337 series airplanes. This AD
requires you to inspect the alternate static air source selector valve
to assure that the part number identification placard does not obstruct
the alternate static air source selector valve port. If the part number
identification placard obstructs the port, this AD also requires you to
remove the placard, assure that the port is unobstructed, and report to
the FAA if obstruction is found. This AD results from reports of
airplanes found with alternate static air source selector valve port
obstruction caused by improper installation of the part number
identification placard. The actions specified by this AD are intended
to prevent erroneous indications from the altimeter, airspeed, and
vertical speed indicators, which could cause the pilot to react to
incorrect flight information and possibly result in loss of control.

DATES: This AD becomes effective on January 5, 2009.
    On January 5, 2009, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive any comments on this AD by February 23, 2009.

ADDRESSES: Use one of the following addresses to comment on this AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    To get the service information identified in this AD, contact
Cessna Aircraft Company, P.O. Box 7704, Wichita, Kansas 67277;
telephone:<PHONE_NUMBER> or<PHONE_NUMBER>; Internet: http://
www.cessna.com.
    To view the comments to this AD, go to http://www.regulations.gov.
The docket number is FAA-2008-1328; Directorate Identifier 2008-CE-066-
AD.

FOR FURTHER INFORMATION CONTACT: Ann Johnson, Aerospace Engineer, FAA,
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Reports of improper installation of the part number (P/N)
identification placard on P/N 2013142-18 alternate static air source
selector valves prompted us to issue AD 98-01-01, Amendment 39-10286
(63 FR 3455, January 23, 1998), which applies to certain Cessna
Aircraft Company (Cessna) Models 172R and 182S airplanes, and AD 2008-
10-02, Amendment 39-155508 (73 FR 24168, May 2, 2008), which applies to
certain Cessna 172, 175, 180, 182, 185, 206, 207, 208, 210, and 303
series airplanes.
    These ADs require inspecting the alternate static air source
selector valve to determine if the P/N identification placard obstructs
the alternate static air source selector valve port and removing

the placard if obstruction is found. These ADs also require reporting
to the FAA if obstruction is found.
    These assemblies are required for flight into instrument flight
rules (IFR) conditions as defined in Sec. 91.411 of the Federal
Aviation Regulations (14 CFR 91.411). Use of these assemblies is
optional in visual flight rules (VFR) conditions.
    After issuing AD 98-01-01 and AD 2008-10-02, we received reports of
15 airplanes not previously affected by either AD with a P/N 2013142-18
installed and the alternate static air source selector valve port was
found obstructed by the P/N identification placard.
    We have been informed that all P/N 2013142-18 alternate static air
source selector valves shipped from Cessna Parts Distribution between
January 1, 1993, and March 31, 2008, may have port obstruction caused
by the P/N identification placard.
    This condition, if not corrected, could result in the altimeter,
airspeed, and vertical speed indicators displaying erroneous
indications. This could cause the pilot to react to incorrect flight
information and possibly result in loss of control.

Relevant Service Information

    We reviewed Cessna Single Engine Service Bulletin, SB08-34-02,
Revision 1, and Cessna Caravan Service Bulletin CAB08-4, Revision 1,
both dated October 6, 2008; Cessna Single Engine Service Bulletin
SEB08-5 and Cessna Multi-engine Service Bulletin MEB08-6, both dated
October 13, 2008.
    The service information describes procedures for inspecting the
alternate static air source selector valve to assure that the P/N
identification placard does not obstruct the alternate static air
source selector valve port.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This AD requires
inspecting the alternate static air source selector valve to assure
that the P/N identification placard does not obstruct the alternate
static air source selector valve port. If the P/N identification
placard obstructs the port, this AD requires you to remove the placard,
assure that the port is unobstructed, and report to the FAA if
obstruction is found.

FAA's Determination of the Effective Date

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

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2008-1328;
Directorate Identifier 2008-CE-066-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning 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.

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 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.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory
evaluation, any comments received, and other information 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 Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

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 FAA amends Sec.  39.13 by adding a new AD to read as follows:

2008-26-10 Cessna Aircraft Company: Amendment 39-15776; Docket No.
FAA-2008-1328; Directorate Identifier 2008-CE-066-AD.

Effective Date

    (a) This AD becomes effective on January 5, 2009.

Affected ADs

    (b) This AD relates to AD 98-01-01, Amendment 39-10287 and AD
2008-10-02, Amendment 39-15508. These ADs can be found on the
Internet at the following Web site: http://rgl.faa.gov/.

Applicability

    (c) This AD applies to all serial numbers (S/Ns) of the
airplanes listed in Table 1 of this AD, certificated in any
category, that:
    (1) Were initially delivered from the manufacturer between
January 1, 1993, and March 31, 2008, unless the modification/rework
required in AD 2008-10-02 has been done and you remain in compliance
with that AD; or
    (2) Have a part number (P/N) 2013142-18 installed as a
replacement part anytime after January 1, 1993, unless the
modification/rework required in AD 2008-10-02 has been done and you
remain in compliance with that AD.

    Note 1: The affected part was shipped from Cessna Parts
Distribution (CPD) between January 1, 1993, and March 31, 2008.

    Note 2: P/N 2013142-18 replaced P/Ns 2013142-9, -13, and -17.

                                       Table 1--Applicable Airplane Models
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                     Models
----------------------------------------------------------------------------------------------------------------
172                                   F172K                                 177
172A                                  F172L                                 177A
172B                                  F172M                                 177B
172C                                  F172N                                 177RG
172D                                  F172P                                 F177RG
172E                                  FR172E                                180
172F (USAF T-41A)                     FR172F                                180A
172G                                  FR172G                                180B
172H (USAF T-41A)                     FR172H                                180C
172I                                  FR172J                                180D
172K                                  FR172K                                180E
172L                                  P172D                                 180F
172M                                  R172E (USAF T-41B), (USAF T-41C and   180G
                                       D)
172N                                  R172F (USAF T-41)                     180H
172P                                  R172G (USAF T-41C or D)               180J
172Q                                  R172H (USAF T-41D)                    180K
172R                                  R172J                                 182
172S                                  R172K                                 182A
F172D                                 172RG                                 182B
F172E                                 175                                   182C
F172F                                 175A                                  182D
F172G                                 175B                                  182E
F172H                                 175C                                  182F
182G                                  A185F                                 U206D
182H                                  206                                   U206E
182J                                  206H                                  U206F
182K                                  P206                                  U206G
182L                                  P206A                                 207
182M                                  P206B                                 207A
182N                                  P206C                                 T207
182P                                  P206D                                 T207A
182Q                                  P206E                                 208
182R                                  T206H                                 208B
182S                                  TP206A                                210
182T                                  TP206B                                210A
F182P                                 TP206C                                210B
F182Q                                 TP206D                                210C
FR182                                 TP206E                                210D
R182                                  TU206A                                210E
T182                                  TU206B                                210F
T182T                                 TU206C                                210G
TR182                                 TU206D                                210H
185                                   TU206E                                210J
185A                                  TU206F                                210K
185B                                  TU206G                                210L
185C                                  U206                                  210M
185D                                  U206A                                 210N
185E                                  U206B                                 210R
A185E                                 U206C                                 210-5 (205)
210-5A (205A)                         FT337F
T210F                                 M337B (USAF 02A)
T210G                                 T337B
T210H                                 T337C
T210J                                 T337D
T210K                                 T337E
T210L                                 T337F
T210M                                 T337H
T210N                                 T337H-SP
T210R
T303
336
337
337A (USAF 02B)

337B
337C
337D
337E
337F
337G
337H
F337E
F337F
F337G
F337H
FT337E
----------------------------------------------------------------------------------------------------------------

Unsafe Condition

    (e) This AD is the result of reports of improper installation of
the part number identification placard on the alternate static air
source selector valve. We are issuing this AD to prevent erroneous
indications from the altimeter, airspeed, and vertical speed
indicators, which could cause the pilot to react to incorrect flight
information and possibly result in loss of control.

Compliance

    (e) To address this problem, you must do the following, unless
already done. A person authorized to perform maintenance as
specified in 14 CFR section 43.3 of the Federal Aviation
Administration Regulations (14 CFR 43.3) is required to do all the
actions required in this AD.

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For all affected          Within the next 100   Following the
 airplanes that are not        hours time-in-        procedures in
 equipped for flight under     service (TIS) after   Cessna Single
 instrument flight rules       January 5, 2009       Engine Service
 (IFR): Inspect the            (the effective date   Bulletin SB08-34-
 alternate static air source   of this AD) or        02, Revision 1,
 selector valve to assure      within the next 4     dated October 6,
 that the part number          months after          2008; Cessna
 identification placard is     January 5, 2009       Caravan Service
 not obstructing the port.     (the effective date   Bulletin CAB08-4,
                               of this AD),          Revision 1, dated
                               whichever occurs      October 6, 2008;
                               first.                Cessna Single
                                                     Engine Service
                                                     Bulletin SEB08-5,
                                                     dated October 13,
                                                     2008; or Cessna
                                                     Multi-engine
                                                     Service Bulletin
                                                     MEB08-6, dated
                                                     October 13, 2008,
                                                     as applicable.
(2) For all affected          (A) Inspect within    Following the
 airplanes that are equipped   the next 10 days      procedures in
 for flight under instrument   after January 5,      Cessna Single
 flight rules (IFR):           2009 (the effective   Engine Service
                               date of this AD);     Bulletin SB08-34-
                               or                    02, Revision 1,
                              (B) Install placards   dated October 6,
                               before further        2008; Cessna
                               flight after          Caravan Service
                               January 5, 2009       Bulletin CAB08-4,
                               (the effective date   Revision 1, dated
                               of this AD).          October 6, 2008;
                                                     Cessna Single
                                                     Engine Service
                                                     Bulletin SEB08-5,
                                                     dated October 13,
                                                     2008; or Cessna
                                                     Multi-engine
                                                     Service Bulletin
                                                     MEB08-6, dated
                                                     October 13, 2008,
                                                     as applicable.
    (i) Inspect the
     alternate static air
     source selector valve
     to assure that the part
     number identification
     placard is not
     obstructing the port;
     or
    (ii) Fabricate a placard
     that incorporates the
     following words (using
     at least \1/8\-inch
     letters) and install
     this placard on the
     instrument panel within
     the pilot's clear view:
     ``IFR OPERATION IS
     PROHIBITED'' and ``USE
     OF THE ALTERNATE STATIC
     AIR SOURCE IS
     PROHIBITED.''
(3) For all affected          Within the next 100   Following the
 airplanes that are equipped   hours TIS after       procedures in
 for flight under instrument   January 5, 2009       Cessna Single
 flight rules (IFR): If        (the effective date   Engine Service
 placards were installed in    of this AD) or        Bulletin SB08-34-
 accordance with paragraph     within the next 4     02, Revision 1,
 (e)(2)(ii) of this AD,        months after          dated October 6,
 inspect the alternate         January 5, 2009       2008; Cessna
 static air source selector    (the effective date   Caravan Service
 valve to assure that the      of this AD),          Bulletin CAB08-4,
 part number identification    whichever occurs      Revision 1, dated
 placard is not obstructing    first. After doing    October 6, 2008;
 the port.                     the inspection,       Cessna Single
                               remove the placards   Engine Service
                               installed in          Bulletin SEB08-5,
                               accordance with       dated October 13,
                               paragraph             2008; or Cessna
                               (e)(2)(ii) of this    Multi-engine
                               AD before further     Service Bulletin
                               flight.               MEB08-6, dated
                                                     October 13, 2008,
                                                     as applicable.
(4) For all affected          Before further        Following the
 airplanes: If the alternate   flight after the      procedures in
 static air source selector    inspection required   Cessna Single
 valve port is found           in paragraphs         Engine Service
 obstructed by the part        (e)(1), (e)(2)(i),    Bulletin SB08-34-
 number identification         and (e)(3) of this    02, Revision 1,
 placard during the            AD.                   dated October 6,
 inspection required in                              2008; Cessna
 paragraphs (e)(1),                                  Caravan Service
 (e)(2)(i), and (e)(3) of                            Bulletin CAB08-04,
 this AD, remove the placard                         Revision 1, dated
 from the valve body,                                October 6, 2008;
 discard the placard, and                            Cessna Single
 assure that the port is                             Engine Service
 open and unobstructed.                              Bulletin SEB08-5,
                                                     dated October 13,
                                                     2008; or Cessna
                                                     Multi-engine
                                                     Service Bulletin
                                                     MEB08-6, dated
                                                     October 13, 2008,
                                                     as applicable.

(5) For all affected          As of 10 days after   A person authorized
 airplanes: When a             January 5, 2009       to perform
 replacement valve is          (the effective date   maintenance as
 needed, only install a P/N    of this AD).          specified in 14 CFR
 2013142-18 alternate static                         section 43.3 of the
 air source selector valve                           Federal Aviation
 that has been inspected and                         Administration
 the port is found free from                         Regulations (14 CFR
 obstruction.                                        43.3) is required
                                                     to do the
                                                     inspection.
------------------------------------------------------------------------

    (f) Report to the FAA the results of the inspection required by
this AD where an obstruction was found.
    (1) Submit this report within 10 days after the inspection or 10
days after the effective date of this AD, whichever occurs later.
    (2) Use the form in Figure 1 of this AD and submit it to FAA,
Manufacturing Inspection District Office, Mid-Continent Airport,
1804 Airport Road, Room 101, Wichita, Kansas 67209; or fax to (316)
946-4189.
    (3) The Office of Management and Budget (OMB) approved the
information collection requirements contained in this regulation
under the provisions of the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et seq.) and assigned OMB Control Number 2120-0056.
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[GRAPHIC] [TIFF OMITTED] TR24DE08.000

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Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Wichita Aircraft Certification Office (ACO),
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: Ann Johnson, Aerospace Engineer, FAA, Wichita ACO, 1801
Airport Road, Room 100, Wichita, Kansas 67209; telephone: 316-946-
4105; fax:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (h) AMOCs approved for AD 2008-10-02 are approved for this AD.

Material Incorporated by Reference

    (i) You must use Cessna Single Engine Service Bulletin, SB08-34-
02, Revision 1, dated October 6, 2008; Cessna Caravan Service
Bulletin CAB08-4, Revision 1, dated October 6, 2008; Cessna Single
Engine Service Bulletin SEB08-5, dated October 13, 2008; and Cessna
Multi-engine Service Bulletin MEB08-6, dated October 13, 2008, to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Cessna Aircraft Company, P.O. Box 7704, Wichita, Kansas 67277;
telephone:<PHONE_NUMBER> or<PHONE_NUMBER>; Internet: http://
www.cessna.com.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on December 15, 2008.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E8-30465 Filed 12-23-08; 8:45 am]

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