[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 72081-72085]
[FR Doc No: 2019-28170]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87842; File No. SR-NYSE-2019-72]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Price List To Extend for One Year a Fee Discount for the
Partial Cabinet Solution Bundles Offered in Connection With the
Exchange's Co-Location Services

December 23, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 16, 2019, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Price List to extend for one
year a fee discount for the Partial Cabinet Solution bundles offered in
connection with the Exchange's co-location services. The proposed rule
change is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Price List related to co-
location \4\ services to extend a fee discount for the Partial Cabinet
Solution (``PCS'') bundles that the Exchange offers Users.\5\
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    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in 2010. See Securities Exchange Act Release No.
62960 (September 21, 2010), 75 FR 59310 (September 27, 2010) (SR-
NYSE-2010-56). The Exchange operates a data center in Mahwah, New
Jersey (the ``data center'') from which it provides co-location
services to Users.
    \5\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See Securities
Exchange Act Release No. 76008 (September 29, 2015), 80 FR 60190
(October 5, 2015) (SR-NYSE-2015-40). As specified in the Price List,
a User that incurs co-location fees for a particular co-location
service pursuant thereto would not be subject to co-location fees
for the same co-location service charged by the Exchange's
affiliates NYSE American LLC, NYSE Arca, Inc., NYSE Chicago, Inc.
and NYSE National, Inc. (collectively, the ``Affiliate SROs''). See
Securities Exchange Act Release No. 70206 (August 15, 2013), 78 FR
51765 (August 21, 2013) (SR-NYSE-2013-59).
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    There are four PCS bundles, each of which includes a partial
cabinet; access to the Liquidity Center Network (``LCN'') and internet
protocol (``IP'') network, the local area networks available in the
data center; two fiber cross connections; and connectivity to one of
two time feeds.\6\ The PCS bundles were designed to attract smaller
Users, including those with minimal power or cabinet space demands or
those for which the costs attendant with having a dedicated cabinet or
greater network connection bandwidth are too burdensome.\7\
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    \6\ See Securities Exchange Act Release No. 77072 (February 5,
2016), 81 FR 7394 (February 11, 2016) (SR-NYSE-2015-53).
    \7\ Id., at 7396.
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    The Exchange offers Users that purchase a PCS bundle on or before
December 31, 2019 a 50% reduction in the monthly recurring charges
(``MRC'') for the first 24 months.\8\ The Exchange proposes to extend
the 50% fee reduction to those Users that purchase a PCS bundle on or
before December 31, 2020.\9\ The Exchange does not propose to amend the
length of the discount period.
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    \8\ See Securities Exchange Act Release No. 84893 (December 20,
2018), 83 FR 67455 (December 28, 2019) (SR-NYSE-2018-63).
    \9\ The Exchange previously extended the MRC reduction for one
year. See Securities Exchange Act Release Nos. 82223 (December 6,
2017) 82 FR 58459 (December 12, 2017) (SR-NYSE-2017-62); and 79715
(December 30, 2016), 82 FR 1777 (January 6, 2017) (SR-NYSE-2016-91).
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    The amended portion of the Price List would read as follows:

------------------------------------------------------------------------
         Type of service              Description      Amount of charge
------------------------------------------------------------------------
Partial Cabinet Solution bundles  Option A: 1 kW      $7,500 initial
 Note: A User and its Affiliates   partial cabinet,    charge per bundle
 are limited to one Partial        1 LCN connection    plus monthly
 Cabinet Solution bundle at a      (1 Gb), 1 IP        charge per bundle
 time. A User and its Affiliates   network             as follows:
 must have an Aggregate Cabinet    connection (1       For Users
 Footprint of 2 kW or less to      Gb), 2 fiber        that order on or
 qualify for a Partial Cabinet     cross connections   before December
 Solution bundle. See Note 2       and either the      31, 2020: $3,000
 under ``General Notes.''.         Network Time        monthly for first
                                   Protocol Feed or    24 months of
                                   Precision Timing    service, and
                                   Protocol.           $6,000 monthly
                                                       thereafter.
                                                       For Users
                                                       that order after
                                                       December 31,
                                                       2020: $6,000
                                                       monthly.
                                  Option B: 2 kW      $7,500 initial
                                   partial cabinet,    charge per bundle
                                   1 LCN connection    plus monthly
                                   (1 Gb), 1 IP        charge per bundle
                                   network             as follows:
                                   connection (1       For Users
                                   Gb), 2 fiber        that order on or
                                   cross connections   before December
                                   and either the      31, 2020: $3,500
                                   Network Time        monthly for first
                                   Protocol Feed or    24 months of
                                   Precision Timing    service, and
                                   Protocol.           $7,000 monthly
                                                       thereafter.
                                                       For Users
                                                       that order after
                                                       December 31,
                                                       2020: $7,000
                                                       monthly.
                                  Option C: 1 kW      $10,000 initial
                                   partial cabinet,    charge per bundle
                                   1 LCN connection    plus monthly
                                   (10 Gb LX), 1 IP    charge per bundle
                                   network             as follows:
                                   connection (10      For Users
                                   Gb), 2 fiber        that order on or
                                   cross connections   before December
                                   and either the      31, 2020: $7,000
                                   Network Time        monthly for first
                                   Protocol Feed or    24 months of
                                   Precision Timing    service, and
                                   Protocol.           $14,000 monthly
                                                       thereafter.
                                                       For Users
                                                       that order after
                                                       December 31,
                                                       2020: $14,000
                                                       monthly.
                                  Option D: 2 kW      $10,000 initial
                                   partial cabinet,    charge per bundle
                                   1 LCN connection    plus monthly
                                   (10 Gb LX), 1 IP    charge per bundle
                                   network             as follows:
                                   connection (10      For Users
                                   Gb), 2 fiber        that order on or
                                   cross connections   before December
                                   and either the      31, 2020: $7,500
                                   Network Time        monthly for first
                                   Protocol Feed or    24 months of
                                   Precision Timing    service, and
                                   Protocol.           $15,000 monthly
                                                       thereafter.
                                                       For Users
                                                       that order after
                                                       December 31,
                                                       2020: $15,000
                                                       monthly.
------------------------------------------------------------------------

Application and Impact of the Proposed Change
    The proposed change would apply to all PCS bundles. The proposed
change would not apply differently to distinct types or sizes of market
participants. Rather, it would apply to all Users equally.
    Users that require other sizes or combinations of cabinets, network
connections and cross connects could still request them. As is
currently the case, the purchase of any colocation service, including
PCS bundles, is completely voluntary and the Price List is applied
uniformly to all Users.
Competitive Environment
    A User may host another entity in its space within the data center.
Such Users are called ``Hosting Users,'' and their customers are
``Hosted Customers.'' \10\
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    \10\ A Hosting User is required to be a User, but because only
Users can be Hosting Users, a Hosted Customer is not able to provide
hosting services to any other entities in the space in which it is
hosted. The Exchange allows Users to act as Hosting Users for a
monthly fee. See Securities Exchange Act Release No. 76008
(September 29, 2015), 80 FR 60190 (October 5, 2015) (SR-NYSE-2015-
40).
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    Based on conversations with Users and potential customers, the
Exchange believes that Hosting Users offer bundles (``Hosting User
Bundles'') that include cabinet space and space on shared LCN and IP
network connections--and that the Hosting User Bundles provide their
end users with a service similar to that of the PCS bundles, but with a
lower cost and latency.\11\
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    \11\ Because Hosting Users' services are not regulated, they may
offer differentiated pricing and are not required to make their
pricing public or disclose it to the Exchange. The Exchange
therefore does not have direct visibility into the specific range of
options, or cost thereof, offered by Hosting Users, and relies on
third parties for information.
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    The Exchange believes that, by extending the existing eligibility
for a 50% MRC reduction for another year, the proposed change may make
PCS bundles more competitive with the services that Hosting Users
offer. Importantly, the proposed extension would provide potential
Users with a wider range of choices for the period of the extension,
which would be especially beneficial for potential Users with minimal
power or cabinet space demands or those for which the costs attendant
with having a dedicated cabinet or greater network connection bandwidth
are too burdensome.\12\
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    \12\ See supra note 7.
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    The Exchange operates in a highly competitive market in which
exchanges and other vendors (i.e., Hosting Users) offer co-location
services as a means to facilitate the trading and other market
activities of those market participants who believe that co-location
enhances the efficiency of their operations. The Commission has
repeatedly expressed its preference for competition over regulatory
intervention in determining prices, products, and services in the
securities markets. Specifically, in Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and recognized that current regulation of the market
system ``has been remarkably successful in promoting market competition
in its broader forms that are most important to investors and listed
companies.'' \13\
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    \13\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
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General
    As is the case with all Exchange co-location arrangements, (i)
neither a User nor any of the User's customers would be permitted to
submit orders directly to the Exchange unless such User or customer is
a member organization, a Sponsored Participant or an agent thereof
(e.g., a service bureau providing order entry services); (ii) use of
the co-location services proposed herein would be completely voluntary
and available to all Users on a non-discriminatory basis; \14\ and
(iii) a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or more of the Affiliate
SROs.\15\
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    \14\ As is currently the case, Users that receive co-location
services from the Exchange will not receive any means of access to
the Exchange's trading and execution systems that is separate from,
or superior to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange's trading and execution systems
through the same order gateway, regardless of whether the sender is
co-located in the data center or not. In addition, co-located Users
do not receive any market data or data service product that is not
available to all Users, although Users that receive co-location
services normally would expect reduced latencies, as compared to
Users that are not co-located, in sending orders to, and receiving
market data from, the Exchange.
    \15\ See 78 FR 51765, supra note 5, at 51766. Each of the
Affiliate SROs has submitted substantially the same proposed rule
change to propose the changes described herein. See SR-NYSEAmer-
2019-58, SR-NYSEArca-2019-97, SR-NYSECHX-2019-27, and SR-NYSENAT-
2019-32.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\16\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\17\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and does not unfairly discriminate between customers, issuers, brokers,
or dealers. The Exchange also believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\18\ because it provides for
the equitable allocation of reasonable dues, fees, and other charges
among its members, issuers and other persons using its facilities and
does not unfairly discriminate between customers, issuers, brokers or
dealers.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ 15 U.S.C. 78f(b)(4).
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The Proposed Change Is Not Unfairly Discriminatory
    The Exchange believes its proposal is not unfairly discriminatory.
    The proposed change would not apply differently to distinct types
or sizes of market participants. Rather, it would apply to all Users
equally. The Exchange would continue to offer the four different PCS
bundles with different cabinet footprints and network connections
options. Users that require other sizes or combinations of cabinets,
network connections and cross connects could still request them. As is
currently the case, the purchase of any colocation service, including
PCS bundles, would be completely voluntary.
    The proposed change would ensure that all Users that order a bundle
on or before December 31, 2020 would have their MRC reduced by 50% for
the first 24 months. Extending the period would make it more cost
effective for current or potential Users to utilize co-location by
offering a cost effective, convenient way to create a colocation
environment, through the choice among PCS bundles with different
cabinet footprints and network connections options. The Exchange
expects that such Users would include those with minimal power or
cabinet space demands and Users for which the costs attendant with
having a dedicated cabinet or greater network connection bandwidth are
too burdensome.
The Proposed Change Is Reasonable
    The Exchange believes its proposal is reasonable.
    The Exchange believes that it is reasonable to extend the period of
eligibility for a 50% MRC reduction as an incentive to Users to utilize
PCS

bundles. Extending the existing eligibility for a 50% MRC reduction for
another year would provide smaller current or potential Users with
minimal power or cabinet space demands with additional time to purchase
a PCS bundle at a discounted rate.
    The Exchange believes that, by extending the existing eligibility
for a 50% MRC reduction for another year, the proposed change may make
PCS bundles more competitive with the services that Hosting Users
offer. The proposed extension would continue to provide potential Users
with a wider range of choices for the period of the extension.
The Proposed Change Is an Equitable Allocation of Fees and Credits
    The Exchange believes its proposal equitably allocates its fees
among its market participants.
    The proposed change would not apply differently to distinct types
or sizes of market participants. Rather, it would apply to all Users
equally. The Exchange would continue to offer the four different PCS
bundles with different cabinet footprints and network connections
options. Users that require other sizes or combinations of cabinets,
network connections and cross connects could still request them. As is
currently the case, the purchase of any colocation service, including
PCS bundles, would be completely voluntary.
    Having the change apply to all PCS bundles would ensure that all
Users that order a bundle on or before December 31, 2020 would have
their MRC reduced by 50% for the first 24 months. Extending the period
would make it more cost effective for current or potential Users to
utilize co-location by continuing to offer a cost effective, convenient
way to create a colocation environment, through the choice among PCS
bundles with different cabinet footprints and network connections
options. The Exchange expects that such Users would include those with
minimal power or cabinet space demands and Users for which the costs
attendant with having a dedicated cabinet or greater network connection
bandwidth are too burdensome.
    Without this proposed rule change, potential Users choosing between
a PCS bundle and a Hosting User Bundle would have fewer attractive
options. This would be a detriment for them, especially for potential
Users with minimal power or cabinet space demands or those for which
the costs attendant with having a dedicated cabinet or greater network
connection bandwidth are too burdensome.\19\
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    \19\ See supra note 7.
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    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the reasons above, the proposed changes do not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions established from time to time by the Exchange.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    The proposed rule changes will not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
Section 6(b)(8) of the Act.\20\
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    \20\ 15 U.S.C. 78f(b)(8).
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Intramarket Competition
    The Exchange does not believe that the proposed change would place
any burden on intramarket competition that is not necessary or
appropriate. The proposed changes would enhance competition by
extending the period of eligibility for a 50% MRC reduction to all
Users that order a bundle on or before December 31, 2020. Such change
would make it more cost effective for current or potential Users to
utilize co-location by offering a cost effective, convenient way to
create a colocation environment, through the choice among PCS bundles
with different cabinet footprints and network connections options. The
Exchange believes that, by extending the period of eligibility, the
proposed change may make PCS bundles more attractive to potential Users
who might otherwise opt to become Hosted Customers, and thus enhance
the competitive environment for potential Users (who would then have
more options from which to select).
    Importantly, the proposed extension would provide potential Users
with a wider range of choices for the period of the extension, which
would be especially beneficial for potential Users with minimal power
or cabinet space demands or those for which the costs attendant with
having a dedicated cabinet or greater network connection bandwidth are
too burdensome. At the same time, however, no potential User would be
obligated to purchase a PCS bundle, and it would still have the options
offered by Hosting Users.
    PCS bundles allow Users to select their desired cabinet footprint
and network connections at a reduced MRC for the first 24 months. Such
Users may choose, in turn, to pass on such cost savings to their
customers. In addition to the proposed services being completely
voluntary, they are available to all Users on an equal basis (i.e. the
same products and services are available to all Users, and the
extension of the 50% reduction for the MRC for the PCS bundles, would
apply to all Users).
Intermarket Competition
    The Exchange does not believe that the proposed fee would impose
any burden on intermarket competition that is not necessary or
appropriate. The proposed change is not meant to affect competition
among national securities exchanges. Rather, the Exchange believes that
the proposed change is a reasonable attempt to maintain a more level
playing field between the Exchange and the Hosting Users, who compete
for Hosted Customer business. Because Hosting Users' services are not
regulated, they may offer differentiated pricing and are not required
to make their pricing public. The Exchange believes that the proposed
change may make PCS bundles more attractive to potential Users who
might otherwise opt to become Hosted Customers.
    The Exchange operates in a highly competitive market in which
exchanges offer co-location services as a means to facilitate the
trading and other market activities of those market participants who
believe that co-location enhances the efficiency of their operations.
Accordingly, fees charged for co-location services are constrained by
the active competition for the order flow of, and other business from,
such market participants. If a particular exchange charges excessive
fees for co-location services, affected market participants will opt to
terminate their co-location arrangements with that exchange, and adopt
a possible range of alternative strategies, including placing their
servers in a physically proximate location outside the exchange's data
center (which could be a competing exchange), or pursuing strategies
less dependent upon the lower exchange-to-participant latency
associated with co-location. Accordingly, the exchange charging
excessive fees would stand to lose not only co-location revenues but
also the liquidity of the formerly co-located trading firms, which
could have additional follow-on effects on the market share and revenue
of the affected exchange. In such an environment, the

Exchange must continually review, and consider adjusting, its services
and related fees and credits to remain competitive with other
exchanges.
    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \21\
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    \21\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
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    For the reasons described above, the Exchange believes that the
proposed rule changes reflect this competitive environment.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \22\ of the Act and subparagraph (f)(2) of Rule
19b-4 \23\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \24\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \24\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2019-72 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2019-72. This file
number should be included on the subject line if email 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2019-72 and should be submitted on
or before January 21, 2020.
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    \25\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-28170 Filed 12-27-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Rules and Regulations]
[Page 8853-8856]
[DOCID:fr27fe09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0857; Directorate Identifier 2007-NM-317-AD;
Amendment 39-15785; AD 2009-01-06]
RIN 2120-AA64

Airworthiness Directives; Dornier Model 328-300 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all AvCraft Dornier Model 328-300 airplanes.
That AD currently requires modifying the electrical wiring of the fuel
pumps; installing insulation at the flow control and shut-off valves,
and other components of the environmental control system; installing
markings at fuel wiring harnesses; replacing the wiring harness of the
auxiliary fuel system with a new wiring harness; and installing
insulated couplings in the fuel system; as applicable. The existing AD
also requires revising the Airworthiness Limitations section of the
Instructions for Continued Airworthiness to incorporate new inspections
of the fuel tank system. This new AD replaces the flight-hour-based
threshold for conducting certain initial inspections, with a calendar-
based threshold. This AD results from fuel system reviews conducted by
the manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

DATES: This AD becomes effective April 3, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 3,
2009.
    On September 6, 2005 (70 FR 44046, August 1, 2005), the Director of
the Federal Register approved the incorporation by reference of certain
other publications referenced in this AD.

ADDRESSES: For service information identified in this AD, contact 328
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231
Wessling, Federal Republic of Germany; telephone +49 8153 88111 6666;
fax +49 8153 88111 6565; e-mail<EMAIL_ADDRESS>Internet http://
www.328support.de.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the

Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1503; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2005-15-16, amendment
39-14205 (70 FR 44046, August 1, 2005). The existing AD applies to all
AvCraft Dornier Model 328-300 airplanes. That NPRM was published in the
Federal Register on August 11, 2008 (73 FR 46569). That NPRM proposed
to continue to require modifying the electrical wiring of the fuel
pumps; installing insulation at the flow control and shut-off valves,
and other components of the environmental control system; installing
markings at fuel wiring harnesses; replacing the wiring harness of the
auxiliary fuel system with a new wiring harness; and installing
insulated couplings in the fuel system; as applicable. That NPRM also
proposed to continue to require revising the Airworthiness Limitations
section of the Instructions for Continued Airworthiness to incorporate
new inspections of the fuel tank system. That NPRM also proposed to
replace the flight-hour-based threshold for conducting certain initial
inspections, with a calendar-based threshold.

Comments

    We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the NPRM or
on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this AD. The average labor rate is $80 per work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                Number of U.S.-
           Actions               Work hours         Parts         registered         Cost per       Fleet cost
                                                                   airplanes         airplane
----------------------------------------------------------------------------------------------------------------
Modification/installation                  95          $9,402  None, currently.  $17,002 if an              None
 with option 033F003                                                              affected
 installed (required by AD                                                        airplane is
 2005-15-16 and retained in                                                       placed on the
 this AD).                                                                        U.S. Register
                                                                                in the future.
Modification/installation                  70          14,118  28..............  $19,718........        $552,104
 without option 033F003
 installed (required by AD
 2005-15-16 and retained in
 this AD).
Airworthiness limitations                   1            None  28..............  $80............           2,240
 revision.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14205 (70 FR 44046, August 1, 2005) and by adding
the following new airworthiness directive (AD):

2009-01-06 328 Support Services GmbH (Formerly Avcraft Aerospace
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt
GmbH): Amendment 39-15785. Docket No. FAA-2008-0857; Directorate
Identifier 2007-NM-317-AD.

Effective Date

    (a) This AD becomes effective April 3, 2009.

Affected ADs

    (b) This AD supersedes AD 2005-15-16.

Applicability

    (c) This AD applies to all 328 Support Services GmbH Dornier
Model 328-300 airplanes, certificated in any category, serial
numbers 3105 through 3223 inclusive.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

Compliance

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

    Note 1: This AD requires revisions to certain operator
maintenance documents to include inspections. Compliance with these
inspections is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas
addressed by these inspections, the operator may not be able to
accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Restatement of the Requirements of AD 2005-15-16

Without Option 033F003 Installed: Modification and Installations

    (f) For airplanes without option 033F003 installed: Within 12
months after September 6, 2005 (the effective date of AD 2005-15-
16), do the actions in Table 1 of this AD in accordance with the
Accomplishment Instructions of AvCraft Service Bulletin SB-328J-00-
197, dated August 23, 2004.

  Table 1--Requirements for Airplanes Without Option 033F003 Installed
------------------------------------------------------------------------
                                             By accomplishing all the
       Do the following actions--             actions specified in--
------------------------------------------------------------------------
(1) Modify the electrical wiring of the   Paragraph 1.B(1) of the
 left-hand and right-hand fuel pumps.      service bulletin.
(2) Install insulation at the left-hand   Paragraph 1.B(2) of the
 and right-hand flow control and shut-     service bulletin.
 off valves and other components of the
 environmental control system.
(3) Install markings at fuel wiring       Paragraph 1.B(3) of the
 harnesses.                                service bulletin.
------------------------------------------------------------------------

With Option 033F003 Installed: Modification, Replacement, and
Installation

    (g) For airplanes with option 033F003 installed: Within 12
months after September 6, 2005, do the actions in Table 2 of this AD
in accordance with the Accomplishment Instructions of AvCraft
Service Bulletin SB-328J-00-198, dated August 23, 2004.

    Table 2--Requirements for Airplanes With Option 033F003 Installed
------------------------------------------------------------------------
                                             By accomplishing all the
       Do the following actions--             actions specified in--
------------------------------------------------------------------------
(1) Modify the electrical wiring of the   Paragraph 2.B(1) of the
 left-hand and right-hand fuel pumps.      service bulletin.
(2) Replace the wiring harness of the     Paragraph 2.B(2) of the
 auxiliary fuel system with a new wiring   service bulletin.
 harness.
(3) Install markings at fuel wiring       Paragraph 2.B(3) of the
 harnesses.                                service bulletin.
(4) Install insulated couplings in the    Paragraph 2.B(5) of the
 fuel system.                              service bulletin.
------------------------------------------------------------------------

Revision to Airworthiness Limitations

    (h) Within 12 months after September 6, 2005, revise the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness to incorporate the information in AvCraft Temporary
Revision (TR) ALD-028, dated October 15, 2003, into the AvCraft
328JET Airworthiness Limitations Document (ALD). Thereafter, except
as provided by paragraph (k) of this AD, no alternative inspection
intervals may be approved for this fuel tank system.

    Note 2: This may be done by inserting a copy of AvCraft TR ALD-
028, dated October 15, 2003, in the AvCraft 328JET ALD. When this TR
has been included in general revisions of the AvCraft 328JET ALD,
the TR no longer needs to be inserted into the revised Airworthiness
Limitations document.

New Requirements of This AD

Revised Initial Compliance Time

    (i) For Sub-tasks 28-00-00-02 and 28-00-00-03 (``Detailed
Inspection of Outer and Inner Fuel Tank Harness Internal''), as
identified in AvCraft TR ALD-028, dated October 15, 2003; or Section
G, ``Fuel Tank System Limitations,'' of the AvCraft Dornier 328JET
ALD TM-ALD-010599-ALL, Revision 2, dated January 31, 2005, the
initial compliance time is within 8 years after the effective date
of this AD. Thereafter, except as provided by paragraph (k) of this
AD, these tasks must be accomplished at the repetitive interval
specified in Section G, ``Fuel Tank System Limitations,'' of the
AvCraft Dornier 328JET ALD TM-ALD-010599-ALL, Revision 2, dated
January 31, 2005.

No Alternative Inspections, Inspection Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)

    (j) After accomplishing the actions specified in paragraphs (f),
(g), and (h), and the initial inspections in paragraph (i) of this
AD, no alternative inspections, inspection intervals, or critical
design configuration control limitations (CDCCLs) may be used unless
the inspections, intervals, or CDCCLs are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (k) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1503; fax<PHONE_NUMBER>. 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.

Related Information

    (l) European Aviation Safety Agency Airworthiness Directive
2006-0197 [Corrected], dated July 11, 2006, also addresses the
subject of this AD.

Material Incorporated by Reference

    (m) You must use the service information identified in Table 3
of this AD, as applicable, to perform the actions that are

required by this AD, unless the AD specifies otherwise.

                                 Table 3--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                         Revision                               Date
----------------------------------------------------------------------------------------------------------------
AvCraft Service Bulletin SB-328J-00-    Original...........................  August 23, 2004.
 197, including Price Information
 Sheet.
AvCraft Service Bulletin SB-328J-00-    Original...........................  August 23, 2004.
 198, including Price Information
 Sheet.
AvCraft Temporary Revision ALD-028 to   Original...........................  October 15, 2003.
 the AvCraft 328JET Airworthiness
 Limitations Document.
Section G of the AvCraft Dornier        2..................................  January 31, 2005.
 328JET ALD TM-ALD-010599-ALL.
----------------------------------------------------------------------------------------------------------------

    Revision 2, dated January 31, 2005, of AvCraft Dornier 328JET
ALD TM-ALD-010599-ALL contains the following effective pages:

----------------------------------------------------------------------------------------------------------------
                                                             Revision
      Page title/description          Page  number(s)         number               Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
                                             List of Effective Pages
----------------------------------------------------------------------------------------------------------------
ALD Title Page...................  None shown...........               2  January 31, 2005.
ALD List of Effective Pages......  1-2..................               2  January 31, 2005.
----------------------------------------------------------------------------------------------------------------
                                     Section G, Fuel Tank System Limitations
----------------------------------------------------------------------------------------------------------------
                                   1-3, G-4.............               2  January 31, 2005.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of Section G, ``Fuel Tank System
Limitations,'' of the AvCraft Dornier 328JET ALD TM-ALD-010599-ALL,
Revision 2, dated January 31, 2005, under 5 U.S.C. 552(a) and 1 CFR
part 51.
    (2) On September 6, 2005 (70 FR 44046, August 1, 2005), the
Director of the Federal Register approved the incorporation by
reference of the service information identified in Table 4 of this
AD.

         Table 4--Material Previously Incorporated by Reference
------------------------------------------------------------------------
        Service information                          Date
------------------------------------------------------------------------
AvCraft Service Bulletin SB-328J-00- August 23, 2004.
 197, including Price Information
 Sheet.
AvCraft Service Bulletin SB-328J-00- August 23, 2004.
 198, including Price Information
 Sheet.
AvCraft Temporary Revision ALD-028   October 15, 2003.
 to the AvCraft 328JET
 Airworthiness Limitations Document.
------------------------------------------------------------------------

    (3) For service information identified in this AD, contact 328
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231
Wessling, Federal Republic of Germany; telephone +49 8153 88111
6666; fax +49 8153 88111 6565; e-mail<EMAIL_ADDRESS>Internet
http://www.328support.de.
    (4) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (5) You may also review copies of the service information at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9-3871 Filed 2-26-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Rules and Regulations]
[Pages 77371-77375]
[FR Doc No: 2011-31418]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0382; Directorate Identifier 2010-NM-063-AD;
Amendment 39-16887; AD 2011-25-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for all The Boeing Company 757-200, 757-200PF, 757-200CB, 757-300, 767-
200, 767-300, and 767-300F series airplanes. That AD currently requires
revising the Limitations section of the airplane flight manual (AFM) to
advise the flightcrew of procedures to follow to ensure that a fuel
filter impending bypass condition due to gross fuel contamination is
detected in a timely manner. This new AD requires installing new
operating program software (OPS) (Version 7) of the engine indication
and crew alerting system (EICAS) in the EICAS computers. This AD also
requires various concurrent actions. This AD also retains the existing
AD provision that relieves certain airplanes (those equipped with
certain EICAS OPS versions) from the requirements. Accomplishment of
the new actions terminates the requirements of the existing AD. This AD
was prompted by an error in the EICAS OPS. The error prevents the
display of an advisory message to the flightcrew of a left engine fuel
filter contamination and imminent bypass condition, which may indicate
an imminent multiple engine thrust loss or engine malfunction event due
to fuel contamination. We are issuing this AD to correct the unsafe
condition on these products.

DATES: This AD is effective January 17, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 17,
2012.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
(206) 544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet  https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6509; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2008-09-07, Amendment 39-15488 (73 FR 21811,
April 23, 2008). That AD applies to the specified products. The NPRM
was published in the Federal Register on April 20, 2011 (76 FR 22059).
That NPRM proposed to require installing new EICAS OPS (Version 7) in
the EICAS computers. That NPRM also proposed to require various
concurrent actions, depending on the airplane configuration, including
installing a certain EICAS OPS version, making wiring changes,
replacing the audio accessory unit, replacing certain handsets and
EICAS computers, changing EICAS computer connector keying, and loading
operational program configuration (OPC) software. That NPRM also
proposed to retain the existing AD provision that relieves certain
airplanes (those equipped with certain EICAS OPS versions) from the
proposed requirements. That NPRM also specified that accomplishment of
the new proposed actions would terminate the requirements of the
existing AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments

received on the proposal and the FAA's response to each comment.

Support for NPRM

    Boeing and Air Line Pilots Association, International, support the
intent and contents of the NPRM (76 FR 22059, April 20, 2011).

Request To Remove Requirement To Install OPS Version 2

    ABX Air requested that we revise the NPRM (76 FR 22059, April 20,
2011) to remove the requirement to install OPS Version 2 before
installing OPS Version 7. ABX Air contended that OPS Version 2 is not a
prerequisite to OPS Version 7, and does not need to be required in the
AD.
    We agree with the request, for the reasons provided by the
commenter. Where paragraph (j)(12) of the proposed AD would have
required installing ``EICAS OPS Version 2 and EICAS OPC software, as
applicable,'' we have limited that requirement in this final rule to
installing ``EICAS OPC software, as applicable.''

Conclusion

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

Costs of Compliance

    We estimate that this AD affects 1,078 airplanes of U.S. registry.
We estimate the costs to comply with the following requirements:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision (retained from AD 2008-09- 1 work-hour x $85 per                  0              85         $91,630
 07, Amendment 39-15488 (73 FR 21811,    hour = $85.
 April 23 2008).
EICAS OPS installation (new proposed    1 work-hour x $85 per                  0              85          91,630
 action).                                hour = $85.
----------------------------------------------------------------------------------------------------------------

    We have no definitive data for the number of U.S.-registered
airplanes subject to the proposed concurrent requirements in this AD,
but we provide the following estimated per-airplane costs to comply
with the concurrent actions.

                                     Estimated Costs for Concurrent Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                           Labor cost                  Parts cost              product
----------------------------------------------------------------------------------------------------------------
EICAS OPS installation..................  1-2 work-hours x $85 per    Negligible................        $85-$170
                                           hour = $85-$170.
Wiring change...........................  5 work-hours x $85 per      $501......................             926
                                           hour = $425.
AAU/handset replacement.................  1 work-hour x $85 per hour  Negligible................              85
                                           = $85.
EICAS computer replacement, wiring        5-24 work-hours x $85 per   Negligible................       425-2,040
 change, OPC installation.                 hour = $425-$2,040.
EICAS OPC installation..................  1 work-hour x $85 per hour  Negligible................              85
                                           = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2008-09-07, Amendment 39-15488 (73 FR 21811, April 23, 2008), and
adding the following new AD:

2011-25-11 The Boeing Company: Amendment 39-16887; Docket No. FAA-
2011-0382; Directorate Identifier 2010-NM-063-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 17, 2012.

(b) Affected ADs

    This AD supersedes AD 2008-09-07, Amendment 39-15488 (73 FR
21811, April 23, 2008).

(c) Applicability

    This AD applies to all The Boeing Company 757-200, 757-200PF,
757-200CB, 757-300, 767-200, 767-300, and 767-300F series airplanes;
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 31: Instruments.

(e) Unsafe Condition

    This AD was prompted by an error in the operating program
software (OPS) of the engine indication and crew alerting system
(EICAS). The error prevents the display of an advisory message to
the flightcrew of a left engine fuel filter contamination and
imminent bypass condition, which may indicate an imminent multiple
engine thrust loss or engine malfunction event due to fuel
contamination. We are issuing this AD to prevent malfunction and
thrust loss on both engines, which could result in a forced off-
airport landing.

(f) Compliance

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

Restatement of Requirements of AD 2008-09-07, Amendment 39-15488 (73 FR
21811, April 23, 2008), With No Changes

(g) Revision of Airplane Flight Manual (AFM)

    Except as provided by paragraphs (h) and (i) of this AD: Within
30 days after May 8, 2008 (the effective date of AD 2008-09-07,
Amendment 39-15488 (73 FR 21811, April 23, 2008)), revise the
Limitations section of the applicable AFM to include the following.
This may be done by inserting a copy of this AD into the AFM.

``If the STATUS cue shows while on the ground after engine start or
during flight, select the status page on the secondary EICAS
display, and verify the ``L ENG FUEL FILT'' message is not shown. If
the ``L ENG FUEL FILT'' message is not shown on the status page, the
secondary engine parameters may be reselected on the secondary EICAS
display, or the display may be blanked. If the ``L ENG FUEL FILT''
message is shown on the status display, accomplish the ENGINE FUEL
FILTER non-normal checklist as published in the Boeing Quick
Reference Handbook. If on the ground, check the Dispatch Deviations
Guide (DDG), or operator equivalent.
In the event that the status level ``L ENG FUEL FILT'' and advisory
level ``R ENG FUEL FILT'' messages are simultaneously shown, an
impending fuel filter bypass condition exists on both engines. With
both messages shown, airplane fuel system contamination may be
present and may result in erratic engine operation or flameout.
Further flight crew action in response to either or both the ``L ENG
FUEL FILT'' status-level message and the ``R ENG FUEL FILT''
advisory level messages being shown are not established by Boeing or
the FAA. Any further flight crew action should be determined by
individual operator policy.
Boeing policy on flight crew use of status-level messages has not
changed. After engine start, any condition having an adverse effect
on safe continuation of the flight appears as an EICAS alert message
(Warning, Caution, or Advisory). If other status-level messages are
shown as a consequence of complying with these temporary operating
instructions, the flight crew should respond in accordance with the
appropriate operator policy.
Dispatch of the airplane with an inoperative EICAS display unit is
prohibited.''

(h) Exception to AFM Limitations Requirement

    If all affected airplanes in an operator's fleet have been
verified by the operator to have EICAS computer part number
S242N701-1001 and only EICAS OPS versions other than Version 6
software that are FAA approved for that airplane, then
accomplishment of the actions specified in paragraph (g) of this AD
is not required.

New Requirements of This AD

(i) EICAS OPS Installation

    Except as provided by paragraph (k) of this AD: Within 90 days
after the effective date of this AD, install EICAS OPS Version 7 in
the left and right EICAS computers, in accordance with the
applicable service information specified in paragraph (i)(1) or
(i)(2) of this AD. Accomplishment of the applicable requirements of
paragraphs (i) and (j) of this AD terminates the requirements of
paragraph (g) of this AD, provided that those actions have been
accomplished on all airplanes operated within an operator's fleet.
    (1) For Model 757 airplanes: Use Boeing Special Attention
Service Bulletin 757-31-0192, dated September 11, 2009.
    (2) For Model 767-200, -300, and -300F series airplanes: Use
Boeing Special Attention Service Bulletin 767-31-0267, dated
September 11, 2009.

(j) Concurrent Requirements

    For airplanes subject to the requirements of paragraph (i) of
this AD: Before or concurrently with accomplishment of the
requirements of paragraph (i) of this AD, do the applicable actions
specified in paragraphs (j)(1) through (j)(12) of this AD.
    (1) For Model 757-200, 757-200CB, 757-200PF series airplanes, as
identified in Boeing Service Bulletin 757-31-0104, dated December 5,
2002: Install EICAS OPS Version 5, in accordance with Boeing Service
Bulletin 757-31-0104, dated December 5, 2002.
    (2) For Model 757-300 series airplanes, as identified in Boeing
Service Bulletin 757-31-0105, dated December 5, 2002: Install EICAS
OPS Version 5, in accordance with Boeing Service Bulletin 757-31-
0105, dated December 5, 2002.
    (3) For Model 767-200 and -300 airplanes, as identified in
Boeing Service Bulletin 767-23-0159, Revision 2, dated January 11,
2007: Change wires from the audio accessory unit (AAU) on the E2-5
shelf to the bell chime module in the warning electronics unit (WEU)
(P51), in accordance with Boeing Service Bulletin 767-23-0159,
Revision 2, dated January 11, 2007.
    (4) For Model 767-300 series airplanes, as identified in Boeing
Special Attention Service Bulletin 767-23-0160, dated May 31, 2001:
Replace the AAU with a new or serviceable unit, in accordance with
Boeing Special Attention Service Bulletin 767-23-0160, dated May 31,
2001.
    (5) For Model 767-300 series airplanes, as identified in Boeing
Service Bulletin 767-23-0167, dated February 28, 2002: Replace the
AAU with a new or serviceable unit, in accordance with Boeing
Service Bulletin 767-23-0167, dated February 28, 2002.
    (6) For Model 767-200 and 767-300 series airplanes, as
identified in Boeing Service Bulletin 767-23-0164, dated May 31,
2001: Replace the pilots' handset on the P8 panel, replace 5
attendant handsets, and replace the AAU on the E2-5 shelf in the
main equipment center, as applicable; in accordance with Boeing
Service Bulletin 767-23-0164, dated May 31, 2001.
    (7) For Model 767-200, 767-300, and 767-300F series airplanes,
as identified in Boeing Service Bulletin 767-31-0091, Revision 4,
dated July 7, 2005: Replace the left and right EICAS computers in
the E8 rack, make wire changes in the E8 shelf, change the left and
right EICAS computer connector keying on the E8 shelf, and load
operational program configuration (OPC) software into both left and
right EICAS computers; in accordance with Boeing Service Bulletin
767-31-0091, Revision 4, dated July 7, 2005. These actions are also
required by AD 2004-10-05, Amendment 39-13635 (69 FR 28051, May 18,
2004).
    (8) For Model 767-200 and 767-300 series airplanes, as
identified in Boeing Service Bulletin 767-31-0098, including
Appendixes A, B, and C, Revision 2, dated October 21, 1999: Replace
the left and right EICAS computers in the E8 rack, make wire changes
in the E8 shelf, change the left and right EICAS computer connector
keying on the E8 shelf, and load OPC software into both left and
right EICAS computers; in accordance with Boeing Service Bulletin
767-31-0098, including Appendixes A, B, and C, Revision 2, dated
October 21, 1999. These actions are also required by AD 2004-10-05
(69 FR 28051, May 18, 2004).
    (9) For Model 767-300 series airplanes, as identified in Boeing
Service Bulletin 767-31-0099, including Appendixes A, B, and C,
Revision 3, dated February 8, 2001: Replace the left and right EICAS
computers in the E8 rack, make wire changes in the E8 shelf, change
the left and right EICAS computer connector keying on the E8 shelf,
and load OPC software into both left and right EICAS computers; in
accordance with Boeing Service Bulletin 767-31-0099, including
Appendixes A, B, and C, Revision 3, dated February 8, 2001. These
actions are also

required by AD 2004-10-05 (69 FR 28051, May 18, 2004).
    (10) For Model 767-200 and 767-300 series airplanes, as
identified in Boeing Service Bulletin 767-31-0100, including
Appendixes A, B, and C, Revision 2, dated July 29, 1999: Replace the
left and right EICAS computers in the E8 rack, make wire changes in
the E8 shelf, change the left and right EICAS computer connector
keying on the E8 shelf, and load OPC software into both left and
right EICAS computers; in accordance with Boeing Service Bulletin
767-31-0100, including Appendixes A, B, and C, Revision 2, dated
July 29, 1999. These actions are also required by AD 2004-10-05 (69
FR 28051, May 18, 2004).
    (11) For Model 767-200 and 767-300 series airplanes, as
identified in Boeing Service Bulletin 767-31-0101, including
Appendixes A, B, and C, dated July 6, 2000: Replace the left and
right EICAS computers in the E8 rack, make wire changes in the E8
shelf, change the left and right EICAS computer connector keying on
the E8 shelf, and load OPC software into both left and right EICAS
computers; in accordance with Boeing Service Bulletin 767-31-0101,
including Appendixes A, B, and C, dated July 6, 2000. These actions
are also required by AD 2004-10-05 (69 FR 28051, May 18, 2004).
    (12) For Model 767-200, 767-300, and 767-300F series airplanes,
as identified in the table in paragraph 3.D. of Boeing Service
Bulletin 767-31-0114, Revision 1, dated June 8, 2000: Install EICAS
OPC software, as applicable, in accordance with Boeing Service
Bulletin 767-31-0114, Revision 1, dated June 8, 2000.

(k) Exception to OPS Installation Requirement

    For any airplane verified by the operator to have EICAS computer
part number S242N701-1001 and only EICAS OPS versions other than
Version 6 software that are FAA approved for that airplane, the
actions specified in paragraphs (i) and (j) of this AD are not
required.

(l) Parts Installation

    As of the effective date of this AD, no person may install EICAS
OPS Version 6 software on any airplane.

(m) Credit for Actions Accomplished in Accordance With Previous Service
Information

    Accomplishment before the effective date of this AD of the
actions specified in a service bulletin identified in table 1 of
this AD is acceptable for compliance with the applicable
requirements of paragraph (j) of this AD, except as noted.

                                        Table 1--Credit Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                                                                Airplanes excluded from
       Boeing Service Bulletin--          Revision--            Dated--                compliance approval--
----------------------------------------------------------------------------------------------------------------
767-23-0159............................            1  December 5, 2002..........  No exceptions.
767-31-0091............................            1  February 4, 1999..........  Acceptable except for
                                                                                airplanes VN634, VN635,
                                                                                VH171, VN172, VF251, and
                                                                                VN198.
767-31-0091............................            2  February 24, 2000.........  Acceptable except for airplane
                                                                                VN198.
767-31-0091............................            3  April 27, 2000............  No exceptions.
767-31-0098............................  ...........  August 27, 1998...........  Acceptable except for
                                                                                airplanes VB051 through
                                                                                VB054, VN307 through VN314,
                                                                                VN676, and VK046 through
                                                                                VK054.
767-31-0098............................            1  February 4, 1999..........  Acceptable except for
                                                                                airplanes VB051 through
                                                                                VB054, VN307 through VN314,
                                                                                VN676, and VK046 through
                                                                                VK054.
767-31-0099............................  ...........  August 6, 1998............  Acceptable only for airplanes
                                                                                VL871 through VL873.
767-31-0099............................            1  February 4, 1999..........  Acceptable only for airplanes
                                                                                VL871 through VL873.
767-31-0099............................            2  June 17, 1999.............  Acceptable only for airplanes
                                                                                VL871 through VL873.
767-31-0100............................  ...........  August 20, 1998...........  No exceptions.
767-31-0100............................            1  February 4, 1999..........  No exceptions.
767-31-0114............................  ...........  March 18, 1999............  Acceptable except for
                                                                                airplanes VL891 through
                                                                                VL910, VR201 through VR206,
                                                                                and VW701 through VW721.
----------------------------------------------------------------------------------------------------------------

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(o) Related Information

    For more information about this AD, contact Rebel Nichols,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(p) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the
following service information on the date specified:
    (i) Boeing Special Attention Service Bulletin 757-31-0192, dated
September 11, 2009, approved for IBR January 17, 2012.
    (ii) Boeing Special Attention Service Bulletin 767-31-0267,
dated September 11, 2009, approved for IBR January 17, 2012.
    (iii) Boeing Service Bulletin 757-31-0104, dated December 5,
2002, approved for IBR January 17, 2012.
    (iv) Boeing Service Bulletin 757-31-0105, dated December 5,
2002, approved for IBR January 17, 2012.
    (v) Boeing Service Bulletin 767-23-0159, Revision 2, dated
January 11, 2007, approved for IBR January 17, 2012.
    (vi) Boeing Special Attention Service Bulletin 767-23-0160,
dated May 31, 2001, approved for IBR January 17, 2012.
    (vii) Boeing Service Bulletin 767-23-0164, dated May 31, 2001,
approved for IBR January 17, 2012.
    (viii) Boeing Service Bulletin 767-23-0167, dated February 28,
2002, approved for IBR January 17, 2012.
    (ix) Boeing Service Bulletin 767-31-0091, Revision 4, dated July
7, 2005, approved for IBR January 17, 2012.
    (x) Boeing Service Bulletin 767-31-0098, including Appendixes A,
B, and C, Revision 2, dated October 21, 1999, approved for IBR
January 17, 2012.
    (xi) Boeing Service Bulletin 767-31-0099, including Appendixes
A, B, and C, Revision 3, dated February 8, 2001, approved for IBR
January 17, 2012.
    (xii) Boeing Service Bulletin 767-31-0100, including Appendixes
A, B, and C, Revision 2, dated July 29, 1999, approved for IBR
January 17, 2012.
    (xiii) Boeing Service Bulletin 767-31-0101, including Appendixes
A, B, and C, dated July 6, 2000, approved for IBR January 17, 2012.
    (xiv) Boeing Service Bulletin 767-31-0114, Revision 1, dated
June 8, 2000, approved for IBR January 17, 2012.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
(206) 544-5000, extension 1; fax (206) 766-

5680; email<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 29, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-31418 Filed 12-12-11; 8:45 am]
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[Federal Register: February 24, 2006 (Volume 71, Number 37)]
[Notices]
[Page 9535-9536]
[DOCID:fr24fe06-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM01-10-000; EY06-7-000; TS06-2-000]

Standards of Conduct for Transmission Providers; Venice Gathering
System, L.L.C.; Notice Granting Extension of the Waiver of Posting and
Recordkeeping Requirements

February 15, 2006.
    On January 31, 2006, Venice Gathering System, L.L.C. (Venice
Gathering) filed a third request seeking an extension of the emergency
waiver of section 358.4(a)(2) of the Commission's regulations, 18 CFR
358.4(a)(2) (2005). Venice Gathering requests an extension of that
waiver as it relates to section 358.4(a)(2) of the Commission's
regulations until the end of the gas day on March 31, 2006 or the date
on which the Venice Gathering system has returned to full pre-hurricane
operation. Venice Gathering also is seeking an extension of the waiver
of section 358.4(b)(3)(iv) of the Commission's regulations, 18 CFR
358.4(b)(3)(iv) (2005), with respect to the deadline for updating the
information contained in its posted employee organizational charts and
its posted job descriptions until the end of the gas day on February
15, 2006.
    Venice owns and operates a FERC-jurisdictional natural gas
gathering and transmission system consisting of (1) A twenty-six inch
mainline, extending from the South Timbalier Block 151 compressor
platform in the Gulf of Mexico to the Venice Plant, (2) a twenty-four
inch mainline extending from the South Timbaliler Block 151 compressor
platform to the West Delta Block 79A platform, and (3) a twenty-two
inch mainline extending from the West Delta Block 79A platform to the
Venice Plant located near Venice, Louisiana. In its initial request for
exemption, Venice stated that Hurricane Katrina caused extensive damage
to processing plants and offshore pipelines located along the Louisiana
Gulf Coast, including the Venice Plant and the Venice Gathering system.
    Venice states that these extensions are needed to permit all
employees within its parent company who have expertise and availability
to assist in the restoration efforts to engage in detailed
communications about the status of the restoration efforts and to
coordinate joint operations and repair work, without regard to their
designations under Order No. 2004 and without the

requirement to log each individual deviation from the Standards of
Conduct.
    Venice Gathering states that, in order to enable it to take all
appropriate steps within its control to restore its system to full,
pre-hurricane operations, it is necessary that the waiver of the
recording and posting requirements of section 358.4(a)(2) of the
Commission's regulations be extended. Venice Gathering states, further,
that due to the significant Targa resources devoted to the restoration
project, it is left with limited resources to carry out revisions to
its Web site postings related to its recent change in control after the
Targa acquisition.
    The Commission granted a temporary emergency waiver of sections
358.4(a)(2) and 358.4(b)(3)(iv) of the Commission's regulations in
notices issued on November 28, 2005 and on January 25, 2006 in order to
allow Venice Gathering to proceed with the restoration work on its
pipeline facilities and on the Venice Gathering Processing Plant
necessitated by Hurricane Katrina. In the January 25, 2006 notice, the
Commission extended the waiver until the earlier of the end of the gas
day on January 31, 2006, or the date on which the Venice Gathering
system returned to full pre-hurricane operation, without prejudice to
Venice Gathering requesting a further extension, if necessary.
    The Commission grants Venice a third extension of the waiver for
sections 358.4(a)(2) and 358.4(b)(3)(iv) until the end of the gas day
on February 28, 2006. This is the final extension that will be granted
to Venice.
    The Commission directs Venice Gathering to ensure that the
employees affected by this waiver observe the no-conduit prohibition in
the Standards of Conduct, 18 CFR 358.5(b)(7) (2005).

Magalie R. Salas,
Secretary.
[FR Doc. E6-2626 Filed 2-23-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 25, 2005 (Volume 70, Number 226)]
[Notices]
[Page 71133-71134]
[DOCID:fr25no05-77]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted For Filing And Soliciting Motions
To Intervene, Protests, and Comments

November 18, 2005.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12619-000.
    c. Date filed: October 12, 2005.
    d. Applicant: Cascade Creek, LLC.
    e. Name of Project: Ruth Lake Project.
    f. Location: The project would be located in the Ruth Lake and
Delta Creek, in Petersburg-Wrangell Borough, Alaska. The project would
be located within the Tongrass National Forest.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Steven C. Marmon, Cascade Creek, LLC,
3633 Alderwood Avenue, Bellingham, WA 98225, Phone<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) An existing natural lake having a storage capacity from 500 acre-
feet to 17,000 acre-feet, (2) a proposed lake tap structure, (3) a
proposed 10,000-foot-long, 8-foot-diameter steel tunnel/penstock, (4) a
proposed powerhouse containing two generating units with a total
installed capacity of 20 megawatts, (5) a proposed 20-mile-long 138-
kilovolt transmission line; and (6) appurtenant facilities. The project
would have an annual generation of 60 gigawatt hours, which would be
sold to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also 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, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
h. above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions To Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``COMPETING
APPLICATION'', ``RECOMMENDATIONS FOR TERMS AND CONDITIONS'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an

agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6497 Filed 11-23-05; 8:45 am]

BILLING CODE 6717-01-P