[Federal Register: March 12, 2007 (Volume 72, Number 47)]
[Notices]
[Page 11016]
[DOCID:fr12mr07-86]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-327-000]

TransColorado Gas Transmission Company; Notice of Tariff Filing

March 6, 2007.
    Take notice that on March 1, 2007, TransColorado Gas Transmission
Company (TransColorado) tendered for filing its Annual Fuel Gas
Reimbursement Percentage (FGRP) report pursuant to Section 12.9 of the
General Terms and Conditions of its FERC Gas Tariff, First Revised
Volume No. 1. TransColorado also included 6th Revised Sheet No. 20 in
this filing.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-4389 Filed 3-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Notices]
[Page 74801-74802]
[DOCID:fr16de05-58]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Tendered for Filing With the Commission and
Soliciting Additional Study Requests

December 12, 2005.
    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, 5 MW or less.
    b. Project No.: 12597-002.\1\
---------------------------------------------------------------------------

    \1\ The applicant has split its Turnbull Drop Project No. 12539,
for which it holds a preliminary permit, into the Lower Turnbull
Drop Project No. 12597 and the Upper Turnbull Drop Project No.
12598.
---------------------------------------------------------------------------

    c. Date filed: November 28, 2005.
    d. Applicant: Birch Power Company.
    e. Name of Project: Lower Turnbull Drop Hydroelectric Project.
    f. Location: On the Spring Valley Canal, in Teton County, Montana,
about 4 miles west of Fairfield, Montana. The project would occupy in
part lands of the United States administered by the Bureau of
Reclamation.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Ted Sorenson, Sorenson Engineering, 5203
South 11th East, Idaho Falls, ID 83404,<PHONE_NUMBER>.
    i. FERC Contact: Dianne Rodman,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
    j. Cooperating agencies: We are asking Federal, state, local, and
tribal agencies with jurisdiction and/or special expertise with respect
to environmental issues to cooperate with us in the preparation of the
environmental document. Agencies who would like to request cooperating
status should follow the instructions for filing comments described in
item l below. Cooperating

agencies should note the Commission's policy that agencies that
cooperate in the preparation of the environmental document cannot also
intervene. See, 94 FERC ] 61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: January 27, 2006.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice 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.
    Additional study requests and requests for cooperating agency
status may be filed electronically via the Internet in lieu of paper.
The Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``e-Filing'' link.

    m. The application is not ready for environmental analysis at this
time.
    n. The proposed project would be built at the Spring Valley Canal's
Lower Turnbull drop structure, which is a reinforced concrete structure
2,332 feet long, with a total drop of 146.5 feet. The applicant
proposes to construct: (1) A check structure, consisting of a spillway
gate panel anchored to a ballast concrete structure spanning the full
width of the canal floor between new concrete abutment walls; (2) an
intake structure to divert flows from the left side of the canal; (3)
84-inch-diameter, 2,340-feet-long steel or polyethylene penstock that
would be completely buried; (4) a powerhouse containing two horizontal
Francis turbines and one generator with a rated output of 5 MW; (5) a
draft tube and tailrace discharging flows into the canal about 40 feet
downstream of the drop structure's existing stilling basin; (6) a 0.8-
mile-long, 12.5-kilovolt (kV) transmission line; (7) a switchyard; and
(8) a 1.7-mile-long, 69-kV transmission line extending from the
switchyard to interconnect with an existing Sun River Electric
Cooperative transmission line. The project would use flows as they are
provided in accordance with the needs of the Greenfield Irrigation
District, which operates the canal. The project would not impound water
and would be operated strictly as a run-of-river plant. Average annual
generation would be 13,350,000 kilowatt-hours.
    o. 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 at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. 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.
    p. With this notice, we are initiating consultation with the
Montana State Historic Preservation Officer (SHPO), as required by
Sec.  106, National Historic Preservation Act, and the regulations of
the Advisory Council on Historic Preservation, 36, CFR, at Sec.  800.4.
    q. Procedural schedule: We are currently reviewing the application
for adequacy. This schedule allows 30 days for the correction of any
deficiencies and the submittal of any additional information needed. If
deficiencies and additional information needs require more time, the
schedule will be revised accordingly.
    Issue Deficiency Letter, December 2005.
    Issue Acceptance Letter, January 2006.
    Issue Scoping Document for comments, January 2006.
    Notice of application is ready for environmental analysis, February
2006.
    Notice of the availability of the EA, June 2006.
    Ready for Commission's decision on the application, July 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7428 Filed 12-15-05; 8:45 am]

BILLING CODE 6717-01-P


ÿWPCL
ûÿ2BJ#|xÐ°°ÐÐÐÐÐØ	pÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ°ÐÐÃÃFrom: ÄÄÁØ	Ø	ÁSarah Holman
ÃÃTo:ÄÄÁØ	Ø<EMAIL_ADDRESS>ÃÃDate: ÄÄÁØ	Ø	ÁFri, Dec 21, 2007 11:25 AM
ÃÃSubject: ÄÄÁØ	Ø	ÁSteam Electric Data Request Response Followup

ÐÐ°`	¸hÀpÈ 	x
Ð (#€%Ø'0*ˆ,à.813è5@8˜:ð<H? AøCPF¨HKXM°OR`T¸VYh[À]`°ÐÐBill,

Thank you very much for all of the followup information you have provided over the past few weeks regarding the Georgia Power plants.  In the attached documents I've summarized all of the information we discussed during the initial followup call on Nov. 30 as well as the information you supplied on Dec. 12, and Dec. 18 - 20.  I would appreciate if you would take a moment to review the attached documents to make sure that I correctly interpreted your responses.  Please note that I summarized all the plant outfall information in the attached spreadsheet.  Also, you'll see that I did not include confidential information that you provided (for these versions that will go into the public record) and I noted the specific questions.

Please feel free to call if you have questions.  I'll be out of the office the week of Dec. 24 and back in the office on Dec. 31.  I look forward to hearing from you on the last bits of information for the Bowen and Yates plants.

Happy Holidays,
Sarah

Sarah Holman
Chemical Engineer
Eastern Research Group, Inc.
703-633-1661 (phone)
703-263-7280 (fax)

ÐÐØ	ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ°ÐÐ
ÃÃCC:ÄÄÁØ	Ø<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>


[Federal Register: November 24, 2009 (Volume 74, Number 225)]
[Notices]
[Page 61390-61391]
[DOCID:fr24no09-85]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61000; File No. SR-BSECC-2009-005]

Self-Regulatory Organizations; Boston Stock Exchange Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend the Restated Certificate of Incorporation of The
NASDAQ OMX Group, Inc.

November 13, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that
on October 1, 2009, Boston Stock Exchange Clearing Corporation
(``BSECC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by BSECC. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    BSECC is filing this proposed rule change with regard to proposed
changes to the Restated Certificate of Incorporation (``Certificate'')
of its parent corporation, The NASDAQ OMX Group, Inc. (``NASDAQ OMX'').
The proposed rule change will be implemented as soon as practicable
following filing with the Commission. The text of the proposed rule
change is available at http://www.nasdaqtrader.com/
Trader.aspx?id=BSECCIE2009.

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

    In its filing with the Commission, BSECC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. BSECC has prepared summaries, set forth in Sections A,
B, and C below of the most significant aspects of such statements.

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

1. Purpose
    NASDAQ OMX is proposing to file the Certificate of Designation
described below. Under Article Fourth, Paragraph B of the Certificate,
NASDAQ OMX's Board of Directors may authorize the issuance of preferred
stock, establish the number of shares to be included in such series,
and fix the designation, powers, preferences and rights of the shares
of such series, and the qualifications, limitations, and restrictions
thereof. As provided in Articles XI and XII of the NASDAQ OMX By-Laws,
proposed amendments to the Certificate are to be reviewed by the Board
of Directors of each self-regulatory subsidiary of NASDAQ OMX, and if
any such proposed amendment must under Section 19 of the Act and the
rules promulgated thereunder be filed with, or filed with and approved
by the Commission before such amendment may be effective, then such
amendment shall not be effective until filed with or filed with and
approved by the Commission, as the case may be. Senior management of
NASDAQ, PHLX, and BX, through delegated authority of their governing
boards, have determined that the proposed change should be filed with
the Commission, and the governing boards of BSECC and SCCP have each
reviewed the proposed change and determined that it should be filed
with the Commission.\3\ Under Delaware law, the amendment of the
Certificate by the filing of a Certificate of Designation does not
require approval by the stockholders of NASDAQ OMX.
---------------------------------------------------------------------------

    \3\ NASDAQ, PHLX, BX, BSECC, and SCCP are each submitting this
filing pursuant to Section 19(b)(3)(A)(iii) of the Act, 15 U.S.C.
78s(b)(3)(A)(iii).
---------------------------------------------------------------------------

    The issuance of the Series A Preferred is part of a transaction
between NASDAQ OMX and one of its existing shareholders, Silver Lake
Partners (``Silver Lake''), whereby Silver Lake agreed to convert all
of the 3.75% Series A Convertible Notes due 2012 (``Notes'') held by
certain of its affiliates (``Silver Lake Affiliates'') into shares of
NASDAQ OMX common stock (``Common Stock'') prior to the maturity date
of such Notes.\4\ As an inducement to convert the Notes, NASDAQ OMX has
delivered a cash payment and has agreed to deliver 1,600,000 shares of
Series A Preferred to the Silver Lake Affiliates (``Transaction'').
Effective September 28, 2009, the Silver Lake Affiliates converted
Notes into 8,246,680 shares of Common Stock. As a result, Silver Lake
no longer holds any Notes and through certain of the Silver Lake
Affiliates currently is the beneficial owner of shares of Common Stock
that equal less than five percent (5%) of the outstanding voting
securities of NASDAQ OMX.
---------------------------------------------------------------------------

    \4\ Under Article Fourth, Section C.1(b) of the Certificate, the
Notes are entitled to vote on an as-converted basis on matters that
are submitted to a vote of the stockholders of NASDAQ OMX, voting
together with the holders of the Common Stock and any other shares
of capital stock entitled to vote.
---------------------------------------------------------------------------

    Under the Certificate of Designation, up to two million shares will
be designated for issuance as shares of Series A Preferred. The Series
A Preferred will be senior in preference and priority to the Common
Stock and on parity with all other classes and series of preferred
stock.
    The Series A Preferred will have limited voting rights and will not
have the right to vote on any matters that are subject to the vote of
the holders of Common Stock. The approval of at least a majority of the
then outstanding shares of Series A Preferred will be required to
approve any amendment to the Certificate or the NASDAQ OMX By-Laws that
would adversely affect the rights, preferences, or privileges of the
Series A Preferred (including any change in the dividends payable or
liquidation preference). In addition, any amendments to reduce the
dividend payable to the Series A Preferred, to increase the number of
authorized shares of the Series A Preferred, or to change certain
specified provisions of the Certificate of Designation will require the
written consent of 75% of the then outstanding shares of Series A
Preferred, voting together as a class.
    The shares of Series A Preferred will be convertible into shares of
Common Stock. Under the applicable NASDAQ listing rules, approval by
the stockholders of NASDAQ OMX (``Shareholder Approval'') is required
to permit the conversion of the Series A Preferred.\5\ NASDAQ OMX
intends to seek Shareholder Approval at the company's 2010 annual
meeting of stockholders.
---------------------------------------------------------------------------

    \5\ Pursuant to NASDAQ Listing Rule 5635(c), shareholder
approval is required when an equity compensation arrangement is made
pursuant to which stock may be acquired by an issuer's officers,
directors, employees, or consultants. Pursuant to agreements
relating to the issuance of the Notes, a Silver Lake representative
currently serves on the NASDAQ OMX Board of Directors.
---------------------------------------------------------------------------

    Upon the date of Shareholder Approval, the Series A Preferred will
mandatorily convert into shares of Common Stock as provided in the
Certificate of Designation.\6\ In the event

that Shareholder Approval is not obtained, the Series A Preferred will
accrue cumulative dividends, accrued on a daily basis and compounded
quarterly, at a per annum rate equal to 12%. In addition, in the event
that Shareholder Approval is not obtained, the Series A Preferred will
be subject to optional redemption by NASDAQ OMX subject to the terms of
the Certificate of Designation. The Series A Preferred will be
mandatorily redeemable by NASDAQ OMX on the fourth anniversary of the
original issuance date and will be redeemable at the option of the
holders upon a Fundamental Change (as defined in the Certificate of
Designation).
---------------------------------------------------------------------------

    \6\ The number of shares of Common Stock to be issued upon
conversion is variable. To the extent that the conversion results in
Silver Lake obtaining beneficial ownership of shares of voting
securities in excess of five percent (5%) of the then-outstanding
shares of stock entitled to vote, Silver Lake will be subject to the
existing voting restrictions in Article Fourth, Section C.3 of the
Certificate. This provision provides that no person who is the
beneficial owner of voting securities of NASDAQ OMX in excess of
five percent (5%) of the then-outstanding shares of stock generally
entitled to vote (``Excess Securities'') may vote such Excess
Securities.
---------------------------------------------------------------------------

    The issuance of Series A Preferred will result in no substantive
change in the ownership or governance structure of NASDAQ OMX since the
Series A Preferred will have no voting rights other than the limited
rights described above. The Transaction also has resulted in the
conversion of most of the outstanding Notes into Common Stock.\7\
---------------------------------------------------------------------------

    \7\ Prior to the Transaction, the Silver Lake Affiliates held
approximately $119.5 million in aggregate principal amount of the
outstanding Notes. Another holder continues to hold approximately
$500,000 in aggregate principal amount of the outstanding Notes.
---------------------------------------------------------------------------

2. Statutory Basis
    BSECC believes that the proposed rule change is consistent with the
provisions of Section 17A of the Act,\8\ in general, and with Section
17A(b)(3)(A) of the Act,\9\ in particular, in that it is designed to
ensure that BSECC is so organized and has the capacity to be able to
facilitate the prompt and accurate clearance and settlement of
securities transactions. BSECC believes that the proposed rule change
and the issuance of Series A Preferred to existing investors will
result in no substantive change to the corporate ownership structure of
its parent NASDAQ OMX.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1.
    \9\ 15 U.S.C. 78q-1(b)(3)(A).
---------------------------------------------------------------------------

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

    BSECC does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and subparagraph (f)(3) of Rule 19b-4
thereunder.\11\ At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \11\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BSECC-2009-005 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BSECC-2009-005. This
file number should be included on the subject line if e-mail is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly.
    All submissions should refer to File Number SR-BSECC-2009-005, and
should be submitted on or before December 15, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-28094 Filed 11-23-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Rules and Regulations]
[Pages 60560-60563]
[FR Doc No: 2021-23870]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0372; Project Identifier MCAI-2020-01684-T;
Amendment 39-21681; AD 2021-16-18]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-21-
05, which applied to all Airbus SAS Model A330-200 Freighter, A330-200,
A330-300, A330-900, A340-200, A340-300, A340-500, and A340-600 series
airplanes. AD 2020-21-05 required repetitive inspections of certain
fuel pumps for cavitation erosion, replacement if necessary, revision
of the operator's minimum equipment list (MEL), and accomplishment of
certain maintenance actions related to defueling and ground fuel
transfer operations. This AD retains the requirements of AD 2020-21-05,
revises certain compliance times, and expands the applicability; as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD was prompted by reports of a fuel
pump showing cavitation erosion that exposed the fuel pump power supply
wires, and by a determination that certain compliance times need to be
revised and that additional airplanes are subject to the unsafe
condition. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective December 8, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 8,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0372.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0372; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0283, dated December 17, 2020;
corrected December 24, 2020 (EASA AD 2020-0283) (also referred to as
the Mandatory Continuing Airworthiness

Information, or the MCAI), to correct an unsafe condition for all
Airbus SAS A330-201, A330-202, A330-203, A330-223, A330-223F, A330-243,
A330-243F, A330-301, A330-302, A330-303, A330-321, A330-322, A330-323,
A330-341, A330-342, A330-343, A330-743L, A330-841, A330-941, A340-211,
A340-212, A340-213, A340-311, A340-312, A340-313, A340-541, A340-542,
A340-642 and A340-643 airplanes. Model A330-743L, A340-542, and A340-
643 airplanes are not certificated by the FAA and are not included on
the U.S. type certificate data sheet; this AD therefore does not
include those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-21-05, Amendment 39-21278 (85 FR
64963, October 14, 2020) (AD 2020-21-05). AD 2020-21-05 applied to all
Airbus SAS Model A330-200 Freighter, A330-200, A330-300, A330-900,
A340-200, A340-300, A340-500 and A340-600 series. The NPRM published in
the Federal Register on May 21, 2020 (86 FR 27540). The NPRM was
prompted by reports of a fuel pump showing cavitation erosion that
exposed the fuel pump power supply wires, and by a determination that
certain compliance times need to be revised and that additional
airplanes are subject to the unsafe condition. The NPRM proposed to
retain the requirements of AD 2020-21-05, revise certain compliance
times, and expand the applicability, as specified in EASA AD 2020-0283.
    The FAA is issuing this AD to address fuel pump erosion caused by
cavitation. If this condition is not addressed, a pump running dry
could result in a fuel tank explosion and consequent loss of the
airplane. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comments
received. P. Grande and The Air Line Pilots Association, International
(ALPA) indicated support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0283 describes procedures for repetitive inspections
of all affected parts, replacement if necessary, updating of the
applicable Master Minimum Equipment List (MMEL), and certain
maintenance actions related to defueling and ground fuel transfer
operations.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Interim Action

    The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this AD affects 112 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Action                 Labor cost       Parts cost       Cost per product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-  Up to 72 work-                $0  Up to $6,375.........  Up to $714,000.
 21-05.                          hours x $85 per
                                 hour = Up to
                                 $6,375.
New proposed actions..........  Up to 72 work-                 0  Up to $6,375.........  Up to $714,000.
                                 hours x $85 per
                                 hour = Up to
                                 $6,375.
MEL revision..................  1 work-hour x                  0  $85..................  $9,520.
                                 $85 = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 126 work-hours x $85 per    Up to $173,680....  Up to $184,390.
 hour = Up to $10,710.
------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and

responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive (AD) 2020-21-05, Amendment 39-21278
(85 FR 64963, October 14, 2020); and
0
b. Adding the following new AD:

2021-16-18 Airbus SAS: Amendment 39-21681; Docket No. FAA-2021-0372;
Project Identifier MCAI-2020-01684-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 8, 2021.

(b) Affected ADs

    This AD replaces AD 2020-21-05, Amendment 39-21278 (85 FR 64963,
October 14, 2020) (AD 2020-21-05).

(c) Applicability

    This AD applies to all Airbus SAS airplanes, certificated in any
category, and identified in paragraphs (c)(1) through (9) of this
AD.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A330-841 airplanes.
    (5) Model A330-941 airplanes.
    (6) Model A340-211, -212, and -213 airplanes.
    (7) Model A340-311, -312, and -313 airplanes.
    (8) Model A340-541 airplanes.
    (9) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of a fuel pump showing
cavitation erosion that exposed the fuel pump power supply wires,
and by a determination that certain compliance times need to be
revised and that additional airplanes are subject to the unsafe
condition. The FAA is issuing this AD to address fuel pump erosion
caused by cavitation. If this condition is not addressed, a pump
running dry could result in a fuel tank explosion and consequent
loss of the airplane.

(f) Compliance

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

 (g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0283, dated December 17, 2020; corrected December 24, 2020
(EASA AD 2020-0283).

(h) Exceptions to EASA AD 2020-0283

    (1) Where EASA AD 2020-0283 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0283 does not apply
to this AD.
    (3) Where EASA AD 2020-0283 refers to the master minimum
equipment list (MMEL), this AD refers to the operator's existing
minimum equipment list (MEL).
    (4) Where EASA AD 2020-0283 refers to ``13 December 2019 [the
effective date of EASA AD 2019-0291 at original issue],'' this AD
requires using ``November 18, 2020 (the effective date of AD 2020-
21-05).''
    (5) Where EASA AD 2020-0283 refers to ``17 November 2017 [the
effective date of EASA AD 2017-0224],'' this AD requires using
``December 29, 2017 (the effective date of AD 2017-25-16, Amendment
39-19130 (82 FR 58718, December 14, 2017) (AD 2017-25-16)).''
    (6) Where paragraphs (8), (9), and (10) of EASA AD 2020-0283
specify to ``inform all flight crews, and, thereafter, operate the
aeroplane accordingly,'' this AD does not require those actions as
those actions are already required by existing FAA operating
regulations.

 (i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0283
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

 (j) Other FAA AD Provisions

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

(k) Related Information

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

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (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.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0283,
dated December 17, 2020; corrected December 24, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0283, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call

206-231-3195. This material may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0372.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23870 Filed 11-2-21; 8:45 am]
BILLING CODE 4910-13-P