[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Notices]
[Pages 15062-15065]
[FR Doc No: 2013-05424]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30413; 812-14003]

Cohen & Steers Real Assets Fund, Inc., et al.; Notice of
Application

March 4, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements.

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Summary of the Application: Applicants request an order that would
permit them to enter into and materially amend subadvisory agreements
without shareholder approval and would grant relief from certain
disclosure requirements.

Applicants: Cohen & Steers Real Assets Fund, Inc. (the
``Corporation''), Cohen & Steers Real Assets Fund, Ltd. (the
``Subsidiary''), and Cohen & Steers Capital Management, Inc. (``Cohen &
Steers'' or the ``Advisor'').

DATES:  Filing Dates: The application was filed on January 30, 2012,
and amended on July 13, 2012, October 4, 2012, and February 6, 2013.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on March 28, 2013, and should be accompanied by proof of service
on the applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants:
the Corporation and the Advisor, 280 Park Avenue, 10th floor, New York,
NY 10017; the Subsidiary, Maples Corporate Services Limited, PO Box
309, Ugland House, Grand Cayman, Cayman Islands KY1-1104.

FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, at
(202) 551-6826, or Jennifer L. Sawin, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Corporation is a Maryland corporation registered under the
Act as

an open-end management investment company and is advised by the Advisor
and various affiliated and unaffiliated subadvisors (any unaffiliated
subadvisors, ``Subadvisors''). The Corporation currently employs two
unaffiliated subadvisors.\1\ The Advisor is, and any other Advisor will
be, registered as an investment adviser under the Investment Advisers
Act of 1940 (``Advisers Act''). Cohen & Steers serves as the investment
Advisor of the initial Corporation under an investment advisory
agreement (``Advisory Agreement'') \2\ with the Corporation. Cohen &
Steers or another Advisor will serve as investment adviser to any
future Corporations. The Advisory Agreement was approved by the
Corporation's initial shareholder and the Corporation's board of
directors (that board of directors, and the boards of directors of any
future Corporation, each a ``Board''), including a majority of the
directors who are not ``interested persons,'' as defined in section
2(a)(19) of the Act, of either the Corporation or the Advisor
(``Independent Directors'') in the manner required by sections 15(a)
and (c) of the Act and rule 18f-2 under the Act.
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    \1\ Applicants also request relief with respect to any other
existing or future open-end management investment company or series
thereof that: (a) Is advised by the Advisor including any entity
controlling, controlled by, or under common control with the Advisor
or its successor (each, also an ``Advisor''); (b) uses the manager
of managers structure (``Manager of Managers Structure'') described
in the application; and (c) complies with the terms and conditions
of the application (each, also a ``Corporation''). The only existing
registered open-end management investment company that currently
intends to rely on the requested order is named as an applicant. For
purposes of the requested order, ``successor'' is limited to an
entity that results from a reorganization into another jurisdiction
or a change in the type of business organization. If the name of any
Corporation contains the name of a Subadvisor, the name of the
Advisor that serves as the primary investment adviser to that
Corporation will precede the name of the Subadvisor.
    \2\ ``Advisory Agreement'' includes advisory agreements with
Advisors for future Corporations.
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    2. Under the terms of the Advisory Agreement, the Advisor is
responsible for the overall management of the Corporation's business
affairs and selecting the Corporation's investments in accordance with
its investment objectives, policies and restrictions. For the
investment advisory services that it provides to the Corporation, the
Advisor receives the fee specified in the Advisory Agreement. The
Advisory Agreement also permits the Advisor to retain one or more
Subadvisors for the purpose of managing the investments of the
Corporation. Pursuant to this authority, the Advisor has entered into
investment subadvisory agreements (``Subadvisory Agreements'') with two
Subadvisors to provide investment advisory services to the
Corporation.\3\ Each Subadvisor is or will be registered as an
investment adviser under the Advisers Act or not subject to such
registration. The Advisor will supervise, evaluate and allocate assets
to the Subadvisors, and make recommendations to the Board about their
hiring, retention or release, at all times subject to the authority of
the Board. Under the terms of the current Advisory Agreement, the
Advisor will compensate the Subadvisors out of the fees the Advisor
receives from the Corporation.\4\
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    \3\ Each of these Subadvisory Agreements was approved by the
Board, including by a majority of the Independent Directors, and the
initial shareholder of the Corporation in accordance with sections
15(a) and 15(c) of the Act and rule 18f-2 under the 1940 Act.
    \4\ To the extent a future Corporation pays subadvisory fees
directly from its assets, any changes to a Subadvisory Agreement
that would result in an increase in the total management and
advisory fees payable by the Corporation will be required to be
approved by the shareholders of that Corporation.
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    3. The Subsidiary is a Cayman Islands corporation wholly-owned by
the Corporation.\5\ The Subsidiary will initially be managed by a
Subadvisor, and is expected to provide the Corporation with exposure to
commodities. The Subsidiary has entered into an investment advisory
agreement with the Advisor (the ``Subsidiary Advisory Agreement''),
which has been approved by the board of directors of the Subsidiary,
pursuant to which the Advisor is responsible for the overall management
of the Subsidiary's business affairs and selecting the Subsidiary's
investments according to the Subsidiary's investment objectives,
policies, and restrictions.\6\ Under the Subsidiary Advisory Agreement,
the Advisor may retain one or more Subadvisors, to be compensated by
the Advisor, for the purpose of managing the investment of the assets
of the Subsidiary.
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    \5\ The term ``Subadvisor'' also includes any Subadvisor to the
Subsidiary or to any wholly-owned subsidiary of any future
registered open-end management company described in footnote 1 above
(each such wholly-owned subsidiary included in the term
``Subsidiary''). Applicants also request relief with respect to any
Subadvisors who serve as Subadvisors to a Subsidiary. Where needed
for purposes of the relief requested, Subsidiaries are also included
in the term ``Corporation''.''
    \6\ In all cases, the Advisor to a Corporation will be the
Advisor to each Subsidiary owned by that Corporation and will have
overall supervisory responsibility for the general management and
investment of the Subsidiary's assets, subject to review and
approval of the Board of that Corporation. The terms of the
Subsidiary Advisory Agreement comply, and of future Subsidiary
Advisory Agreements will comply, with Section 15(a) of the Act.
Approval of the Subsidiary Advisory Agreement was, and for future
Subsidiary Advisory Agreements will be, effected in the manner
required by sections 15(a) and (c) of the Act and rule 18f-2
thereunder as if the Subsidiary Advisory Agreement were between the
Advisor to the Subsidiary and the Corporation that owns that
Subsidiary.
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    4. Applicants request an order to permit the Advisor, subject to
Board approval, to enter into and materially amend Subadvisory
Agreements without obtaining shareholder approval.\7\ The requested
relief will not extend to any subadvisor that is an affiliated person,
as defined in section 2(a)(3) of the Act, of a Corporation or the
Advisor, other than by reason of serving as a subadvisor to a
Corporation or a Corporation's wholly-owned subsidiary (an ``Affiliated
Subadvisor''). Applicants acknowledge that any affiliated person of a
Corporation also would be deemed to be an affiliated person of the
Corporation's wholly-owned subsidiaries for purposes of the relief
requested.
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    \7\ Each Subadvisory Agreement with respect to any Subsidiary
will also be approved by the board of the Corporation that owns that
Subsidiary, including in each case a majority of the Independent
Directors of that Corporation, in accordance with sections 15(a) and
15(c) of the Act.
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    5. Applicants also request an exemption from the various disclosure
provisions described below that may require the Corporations to
disclose fees paid by the Advisor to the Subadvisors. An exemption is
requested to permit a Corporation to disclose (as both a dollar amount
and as a percentage of each Corporation's net assets): (a) The
aggregate fees paid to the Advisor and any Affiliated Subadvisors; and
(b) the aggregate fees paid to Subadvisors (collectively, ``Aggregate
Fee Disclosure''). Any Corporation that employs an Affiliated
Subadvisor will provide separate disclosure of any fees paid to the
Affiliated Subadvisor.
    6. The Corporations will inform shareholders of the hiring of a new
Subadvisor pursuant to the following procedures (``Modified Notice and
Access Procedures''): (a) Within 90 days after a new Subadvisor is
hired for any Corporation, that Corporation will send its shareholders
either a Multi-manager Notice or a Multi-manager Notice and Multi-
manager Information Statement; \8\

and (b) the Corporation will make the Multi-manager Information
Statement available on the Web site identified in the Multi-manager
Notice no later than when the Multi-manager Notice (or Multi-manager
Notice and Multi-manager Information Statement) is first sent to
shareholders, and will maintain it on that Web site for at least 90
days.
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    \8\ The ``Multi-manager Notice'' will be modeled on a Notice of
Internet Availability as defined in rule 14a-16 under the Securities
Exchange Act of 1934 (``Exchange Act''), and specifically will,
among other things: (a) Summarize the relevant information regarding
the new Subadvisor; (b) inform shareholders that the Multi-manager
Information Statement is available on a Web site; (c) provide the
Web site address; (d) state the time period during which the Multi-
manager Information Statement will remain available on that Web
site; (e) provide instructions for accessing and printing the Multi-
manager Information Statement; and (f) instruct the shareholder that
a paper or email copy of the Multi-manager Information Statement may
be obtained, without charge, by contacting the Corporations.
    A ``Multi-manager Information Statement'' will meet the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Exchange Act for an information statement. Multi-
manager Information Statements will be filed electronically with the
Commission via the EDGAR system.
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Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires disclosure of
the method and amount of the investment adviser's compensation.
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to an investment company to comply with Schedule 14A under the Exchange
Act. Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A, taken together, require a proxy statement for a
shareholder meeting at which the advisory contract will be voted upon
to include the ``rate of compensation of the investment adviser,'' the
``aggregate amount of the investment adviser's fees,'' a description of
the ``terms of the contract to be acted upon,'' and, if a change in the
advisory fee is proposed, the existing and proposed fees and the
difference between the two fees.
    4. Regulation S-X sets forth the requirements for financial
statements required to be included as part of investment company
registration statements and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b) and (c) of Regulation S-X require
that investment companies include in their financial statements
information about investment advisory fees.
    5. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that the requested relief meets this standard for
the reasons discussed below.
    6. Applicants assert that the shareholders are relying on the
Advisor's expertise to select one or more Subadvisors best suited to
achieve a Corporation's investment objectives. Applicants assert that,
from the perspective of the investor, the role of the Subadvisors is
comparable to that of the individual portfolio managers employed by the
Advisor. Applicants state that requiring shareholder approval of each
Subadvisory Agreement would impose costs and unnecessary delays on the
Corporations, and may preclude the Advisor from acting promptly in a
manner considered advisable by the Board. Applicants note that the
Advisory Agreement, the Subsidiary Advisory Agreement, and any
subadvisory agreements with Affiliated Subadvisors will remain subject
to section 15(a) of the Act and rule 18f-2 under the Act.
    7. Applicants assert that many Subadvisors use a ``posted'' rate
schedule to set their fees. Applicants state that, while Subadvisors
are willing to negotiate fees lower than those posted in the schedule,
they are reluctant to do so where the fees are disclosed to other
prospective and existing customers. Applicants submit that the
requested relief will allow the Adviser to negotiate more effectively
with each Subadvisor.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Corporation may rely on the requested order, the
operation of the Corporation in the manner described in the application
will be approved by a majority of the Corporation's outstanding voting
securities, as defined in the Act, or in the case of a Corporation
whose public shareholders purchase shares on the basis of a prospectus
containing the disclosure contemplated by condition 2 below, by the
initial shareholder(s) before offering shares of that Corporation to
the public.
    2. Each Corporation relying on the requested order will disclose in
its prospectus the existence, substance, and effect of any order
granted pursuant to the application. Each Corporation will hold itself
out to the public as utilizing the Manager of Managers Structure. The
prospectus will prominently disclose that the Advisor has ultimate
responsibility (subject to oversight by the Board) to oversee the
Subadvisors and recommend their hiring, termination, and replacement.
    3. Corporations will inform shareholders of the hiring of a new
Subadvisor within 90 days after the hiring of the new Subadvisor
pursuant to the Modified Notice and Access Procedures.
    4. The Advisor will not enter into a subadvisory agreement with any
Affiliated Subadvisor without such agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Corporation.
    5. At all times, at least a majority of the Board will be
Independent Directors, and the nomination of new or additional
Independent Directors will be placed within the discretion of the then-
existing Independent Directors.
    6. Whenever a subadvisor change is proposed for a Corporation with
an Affiliated Subadvisor, the Board, including a majority of the
Independent Directors, will make a separate finding, reflected in the
applicable Board minutes, that such change is in the best interests of
the Corporation and its shareholders, and does not involve a conflict
of interest from which the Advisor or the Affiliated Subadvisor derives
an inappropriate advantage.
    7. Independent legal counsel, as defined in Rule 0-1(a)(6) under
the Act, will be engaged to represent the Independent Directors. The
selection of such counsel will be within the discretion of the then
existing Independent Directors.
    8. The Advisor will provide general management services to each
Corporation, including overall supervisory responsibility for the
general management and investment of each Corporation's assets, and,
subject to review and approval of the Board, will: (a) Set each
Corporation's overall investment strategies; (b) evaluate, select and
recommend Subadvisors to manage all or a part of each Corporation's
assets; (c) allocate and, when appropriate, reallocate each
Corporation's assets among one or more Subadvisors; (d) monitor and
evaluate the performance of Subadvisors; and (e) implement procedures
reasonably designed to ensure that the Subadvisors comply with each
Corporation's investment objective, policies and restrictions.

    9. No Director or officer of a Corporation, or director, manager or
officer of the Advisor, will own, directly or indirectly (other than
through a pooled investment vehicle that is not controlled by such
person), any interest in a Subadvisor, except for (a) ownership of
interests in the Advisor or any entity that controls, is controlled by,
or is under common control with the Advisor, or (b) ownership of less
than 1% of the outstanding securities of any class of equity or debt of
any publicly traded company that is either a Subadvisor or an entity
that controls, is controlled by or is under common control with a
Subadvisor. For any Corporation that owns a Subsidiary, this condition
shall also apply to the Directors and officers of that Corporation with
respect to any interest in a Subadvisor to that Corporation's
Subsidiaries.
    10. Each Corporation will disclose in its registration statement
the Aggregate Fee Disclosure.
    11. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.
    12. For any Corporation that pays subadvisory fees directly from
its assets, any changes to a Subadvisory Agreement that would result in
an increase in the total management and advisory fees payable by the
Corporation will be required to be approved by the shareholders of that
Corporation.
    13. Whenever a subadvisor is hired or terminated, the Advisor will
provide the Board with information showing the expected impact on the
profitability of the Advisor.
    14. Each Advisor will provide the Board, no less frequently than
quarterly, with information about the profitability of the Advisor on a
per Corporation basis. The information will reflect the impact on
profitability of the hiring or termination of any subadvisor during the
applicable quarter.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05424 Filed 3-7-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]
[Page 34108-34109]
[DOCID:fr16jn10-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-24-000]

National Grid USA; Notice of Filing

June 9, 2010.
    Take notice that on May 19, 2010, pursuant to Rule 215 of the Rules
of Practice and Procedure of the Federal Energy Regulatory Commission
(Commission), National Grid USA filed an amended petition supplementing
and clarifying its request, originally filed on December 17, 2008, for
waiver of certain of the affiliate pricing rules as established by the
Commission's Order Nos. 707 and 707-A.\1\
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    \1\ Cross-Subsidization Restrictions on Affiliate Transactions,
Order No. 707, 73 FR 11013 (Feb. 29, 2008), FERC Stats. & Regs. ]
31,264, at P 4-5, order on rehearing, Order No. 707-A, 73 FR 43072
(Jul. 24, 2008), FERC Stats. & Regs. ] 31,272 (2008).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the

comment date. On or before the comment date, it is not necessary to
serve motions to intervene or protests on persons other than the
Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 16, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-14437 Filed 6-15-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Page 78816]
[FR Doc No: 2015-31751]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Release Certain Properties From All Terms,
Conditions, Reservations and Restrictions of a Quitclaim Deed Agreement
Between the City of Orlando and the Federal Aviation Administration for
the Orlando Executive Airport, Orlando, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comment.

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SUMMARY: The FAA hereby provides notice of intent to release
approximately 20.05 acres at the Orlando Executive Airport, Orlando, FL
from the conditions, reservations, and restrictions as contained in a
Quitclaim Deed agreement between the FAA and the City of Orlando, dated
August 9, 1961. The release of property will allow the City of Orlando
to dispose of the property for other than aeronautical purposes. The
property is located within the Southeast quandrant of the airport. The
parcel is currently designated as non-aeronautical use. The property
will be released of its federal obligations for municipal purposes. The
fair market value of this parcel has been determined to be $3,880,000.
    Documents reflecting the Sponsor's request are available, by
appointment only, for inspection at the Greater Orlando Aviation
Authority at Orlando International Airport and the FAA Airports
District Office.

DATES: Comments are due on or before January 19, 2016.

ADDRESSES: Documents are available for review at the Greater Orlando
Aviation Authority at Orlando International Airport, and the FAA
Airports District Office, 5950 Hazeltine National Drive, Suite 400,
Orlando, FL 32822. Written comments on the Sponsor's request must be
delivered or mailed to: Marisol C. Elliott, Program Manager, Orlando
Airports District Office, 5950 Hazeltine National Drive, Suite 400,
Orlando, FL 32822-5024.

FOR FURTHER INFORMATION CONTACT: Marisol C. Elliott, Program Manager,
Orlando Airports District Office, 5950 Hazeltine National Drive, Suite
400, Orlando, FL 32822-5024.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

    Issued in Orlando, Florida, on December 11, 2015.
Rebecca R. Freeman,
Acting Manager, Orlando Airports District Office Southern Region.
[FR Doc. 2015-31751 Filed 12-16-15; 8:45 a.m.]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Proposed Rules]
[Pages 45997-46000]
[FR Doc No: 2016-16731]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8177; Directorate Identifier 2015-NM-129-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes.
This proposed AD was prompted by a determination that the existing
instruction in a certain task in the aircraft maintenance manual (AMM)

will not accomplish the intent of a certification maintenance
requirement (CMR). This CMR task tests the pitch feel (PF) and rudder
travel limiter actuator (RTLA) back-up modules in the flight control
unit (FCU) to detect dormant failures. This proposed AD would require
doing an operational test of the FCU back-up modules, and repair if
necessary. We are proposing this AD to detect and correct a dormant
failure of both FCU back-up modules. This condition, in combination
with other failures in the FCU, may result in the inability to maintain
the minimum control requirements for the PF and RTLA, which could
create hazardous flight control inputs during flight.

DATES: We must receive comments on this proposed AD by August 29, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery:
     Deliver to Mail address above between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8177; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer,
Avionics and Services Branch, ANE-172, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-8177;
Directorate Identifier 2015-NM-129-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-06R1, dated April 22, 2015 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc. Model BD-700-
1A10 and BD-700-1A11 airplanes. The MCAI states:

    It was discovered that the existing instruction in the Aircraft
Maintenance Manual (AMM) Task 27-61-05-710-801 will not accomplish
the intent of the Certification Maintenance Requirement (CMR) task
number 27-61-05-201. This CMR task was required to test the Pitch
Feel (PF) and Rudder Travel Limiter Actuator (RTLA) back-up modules
in the Flight Control Unit (FCU) to detect dormant failures. If not
detected, a dormant failure of both FCU back-up modules, in
combination with other failures in the FCU, may result in the
inability to maintain the Minimum Control Requirements for the PF
and RTLA, which could create hazardous flight control inputs during
flight.
    The original issue of this [Canadian] AD mandated the
performance of an operational test of the FCU back-up modules using
the proper AMM task instructions [and repair if necessary].
    Revision 1 of this [Canadian] AD is to correct the model number
designation in the Applicability section.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8177.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information. This service
information describes procedures for doing an operational test of the
FCU back-up modules.
     Bombardier Global 5000, BD-700 Aircraft Maintenance
Manual--Part II, Temporary Revision No. 27-48, dated October 5, 2015.
     Bombardier Global 5000, GL 5000 FEATURING GLOBAL VISION
FLIGHT DECK--Aircraft Maintenance Manual--Part II, Temporary Revision
No. 27-24, dated October 5, 2015.
     Bombardier Global 6000, GL 6000 Aircraft Maintenance
Manual--Part II, Temporary Revision No. 27-24, dated October 5, 2015.
     Bombardier Global Express, BD-700 Aircraft Maintenance
Manual--Part II, Temporary Revision No. 27-78, dated October 5, 2015.
     Bombardier Global Express XRS, BD-700 Aircraft Maintenance
Manual--Part II, Temporary Revision No. 27-47, dated October 5, 2015.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This Proposed AD and the MCAI or Service
Information

    The MCAI specifies accomplishing an operational test of the FCU
back-up modules, but does not specify a corrective action if the test
is failed. If any FCU fails any operational test, this proposed AD
would require repair using a method approved by the Manager, New York
Aircraft Certification Office (ACO), ANE-170, FAA; or TCCA; or

Bombardier, Inc.'s TCCA Design Approval Organization (DAO).

Costs of Compliance

    We estimate that this proposed AD affects 76 airplanes of U.S.
registry.
    We also estimate that it would take about 3 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $19,380, or $255
per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this NPRM.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2016-8177; Directorate Identifier
2015-NM-129-AD.

(a) Comments Due Date

    We must receive comments by August 29, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers
9002 and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that the existing
instruction in a certain task in the aircraft maintenance manual
(AMM) will not accomplish the intent of a certification maintenance
requirement (CMR). This CMR task tests the pitch feel (PF) and
rudder travel limiter actuator (RTLA) back-up modules in the flight
control unit (FCU) to detect dormant failures. We are issuing this
AD to detect and correct a dormant failure of both FCU back-up
modules. This condition, in combination with other failures in the
FCU, may result in the inability to maintain the minimum control
requirements for the PF and RTLA, which could create hazardous
flight control inputs during flight.

(f) Compliance

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

(g) FCU Operational Test

    (1) For airplanes with an FCU that has accumulated 3,000 total
flight hours or more as of the effective date of this AD: Within 15
months or 700 hours flight hours, whichever occurs first, after the
effective date of this AD, do an operational test of the FCU back-up
modules, in accordance with the applicable service information
specified in paragraph (h) of this AD.
    (2) For airplanes with an FCU that has accumulated less than
3,000 hours total flight hours as of the effective date of this AD,
and on which an operational test has been accomplished as specified
in AMM Task 27-61-05-710-801 prior to the applicable AMM revisions
specified in paragraph (i) of this AD: Within 15 months or 700 hours
flight hours, whichever occurs first, after the effective date of
this AD, do an operational test of the FCU back-up modules, in
accordance with the applicable service information specified in
paragraph (h) of this AD.
    (3) For airplanes with an FCU that has accumulated less than
3,000 total flight hours as of the effective date of this AD, and on
which an operational test has not been accomplished as specified in
AMM task 27-61-05-710-801: Before the FCU accumulates 3,000 total
flight hours, perform an operational test of the FCU back-up
modules, in accordance with the applicable service information
specified in paragraph (h) of this AD.

(h) Service Information for Accomplishing Paragraph (g) of This AD

    Do the actions required by paragraph (g) of this AD in
accordance with the applicable service information specified in
paragraphs (h)(1) through (h)(5) of this AD.
    (1) Bombardier Global 5000, BD-700 Aircraft Maintenance Manual--
Part II, Temporary Revision No. 27-48, dated October 5, 2015.
    (2) Bombardier Global 5000 FEATURING GLOBAL VISION FLIGHT DECK,
GL 5000 Aircraft Maintenance Manual--Part II, Temporary Revision No.
27-24, dated October 5, 2015.
    (3) Bombardier Global 6000, GL 6000 Aircraft Maintenance
Manual--Part II, Temporary Revision No. 27-24, dated October 5,
2015.
    (4) Bombardier Global Express, BD-700 Aircraft Maintenance
Manual--Part II, Temporary Revision No. 27-78, dated October 5,
2015.
    (5) Bombardier Global Express ERS, BD0700 Airplane Maintenance
Manual--Part II, Temporary Revision No. 27-47, dated October 5,
2015.

(i) AMM Revisions Referred to in Paragraph (g)(2) of This AD

    The following AMM revisions are used to comply with paragraph
(g)(2) of this AD.
    (1) For Model BD-700-1A10 airplanes: Use the AMM revision
specified in paragraph (i)(1)(i), (ii), or (iii), as applicable.
    (i) Bombardier Global Express GL700 AMM--Part II, Revision 61,
dated March 3, 2014.
    (ii) Bombardier Global Express GL XRS AMM--Part II, Revision 39,
dated March 3, 2014.
    (iii) Bombardier Global Express GL 6000 AMM--Part II, Revision
9, dated March 3, 2014.
    (2) For Model BD-700-1A11 airplanes: Use Bombardier Global
Express GL 5000 AMM--Part II, Revision 42, dated March 3, 2014; or

GL 5000 GVFD AMM--Part II, Revision 9, dated March 3, 2014; as
applicable.

(j) Corrective Action

    If any FCU fails any operational test required by this AD:
Before further flight, repair using a method approved by the
Manager, New York ACO, ANE-170, FAA; or Transport Canada Civil
Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO).

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved
by the DAO, the approval must include the DAO-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2015-06R1, dated April
22, 2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-8177.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on July 8, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-16731 Filed 7-14-16; 8:45 am]
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[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Notices]
[Page 36532]
[FR Doc No: 2011-15525]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL11-44-000]

Iberdrola Renewables, Inc., PacifiCorp, NextEra Energy Resources,
LLC, Invenergy Wind North America LLC, Horizon Wind Energy LLC v.
Bonneville Power Administration; Notice of Complaint

    Take notice that on June 13, 2011, pursuant to sections 210, 211A,
212, 307, 308, and 309 of the Federal Power Act (FPA), and Rule 206 of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 386.206 (2011), Iberdrola Renewables,
Inc., PacifiCorp, NextEra Energy Resources, LLC, Invenergy Wind North
America LLC, and Horizon Wind Energy LLC (Complainants) filed a formal
complaint against Bonneville Power Administration (Respondent or
Bonneville) requesting that the Commission use its authority under FPA
sections 210, 211A and 212 to order Bonneville to provide transmission
services on terms and conditions that are comparable to those under
which Bonneville provides transmission services to itself and that are
not unduly discriminatory or preferential.
    Complainants certify that copies of the complaint were served on
the contacts for Bonneville as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 5, 2011.

    Dated: June 15, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-15525 Filed 6-21-11; 8:45 am]
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