[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Rules and Regulations]
[Pages 23470-23473]
[FR Doc No: 2020-07240]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 774

[Docket No. 190513446-9446-01]
RIN 0694-AH84

Elimination of License Exception Civil End Users (CIV)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
is amending the Export Administration Regulations (EAR) by removing
License Exception Civil End Users (CIV) and requiring a license for
national security-controlled items on the Commerce Control List (CCL)
to countries of national security concern. This will advance U.S.
national security interests by allowing U.S. government review of these
transactions to these countries prior to export, reexport or transfer
(in-country) in accordance with current licensing policy for national
security-controlled items on the CCL. This rule also makes conforming
changes to the CCL by removing the CIV paragraph from each Export
Control Classification Number on the CCL where it appears.

DATES: This rule is effective June 29, 2020.

FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of
National Security and Technology Transfer Controls, Bureau of Industry
and Security, Department of Commerce, Phone:<PHONE_NUMBER> or by email
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce's Bureau of Industry and Security (BIS)
administers U.S. laws, regulations and policies governing the export,
reexport, and transfer (in-country) of commodities, software, and
technology (collectively ``items'') falling under the jurisdiction of
the Export Administration Regulations (EAR) (15 CFR, subchapter C,
parts 730 through 774). The primary goal of this effort is to advance
U.S. national security, foreign policy, and economic objectives by
ensuring an effective export control and treaty compliance system and
promoting continued U.S. strategic technology leadership. Items subject
to the EAR may require a license or other type of authorization prior
to export, reexport, or transfer (in-country).
    An export license exception is an authorization allowing export,
re-export, or transfer (in-country) under stated conditions, of items
subject to the EAR otherwise requiring a license. Because there are a
number of circumstances under which a license exception may replace the
need for a license, there are several types of license exceptions. A
description of each of the license exception types, as well as
information regarding license exceptions more generally, can be found
in 15 CFR part 740, which is available at https://www.bis.doc.gov/index.php/documents/regulations-docs/2341-740-2/file.
    As described in 15 CFR part 736, transactions involving items
subject to the EAR must abide by 10 general prohibitions. Obligations
under the ten general prohibitions rely largely on knowledge of the
details of a transaction, including the classification and destination
of the item as well as the end-user and end-use of the item. The EAR
contains a definition of ``knowledge'' and its variants ``know'',
``reason to know'', or ``reason to believe'' in part 772.

Removal of License Exception CIV (Sec.  740.5 Civil End Users)

    In this final rule, BIS is removing License Exception Civil End-
Users (CIV) (Sec.  740.5 of the EAR), which authorized exports,
reexports, and transfers (in-country) of certain national security-
controlled items, without prior review by BIS provided the exception's
criteria were met, to most civil end users for civil end uses in
Country Group D:1. As

set forth in Supplement No. 1 to part 740 of the EAR, countries listed
in Country Group D:1 are of concern for national security reasons. To
advance the objectives discussed in the Administration's National
Security Strategy released in December 2017 available on
www.whitehouse.gov as well as address the challenges discussed in the
Administration's National Defense Strategy released in January 2018 at
https://dod.defense.gov/Portals/1/Documents/pubs/2018-National-Defense-Strategy-Summary.pdf, BIS is removing License Exception CIV due to the
increasing integration of civilian and military technology development
in these countries of concern.
    BIS acknowledges many countries seek to align civil and defense
technology development for many reasons--to achieve greater efficiency,
innovation, and growth. This can present an economic challenge to
nations that export high-tech products, including the United States, as
individual country goals could also directly support military
modernization goals contrary to U.S. national security or foreign
policy interests. This integration also makes it more difficult for
industry to know or determine whether the end use and end users of
items proposed for export, reexport or transfer (in-country) will not
be or are not intended for military uses or military end users. BIS is
making this determination based on the following data:
     An evaluation of export data from current CIV end-users,
     publicly available strategies of D:1 countries currently
implementing civil-military integration strategies to obscure U.S.
exporters from easily determining if a national-security controlled
item will not be or is not intended to be exported, reexported or
transferred (in-country) to military uses or military end users, and
     U.S. Government enforcement actions identifying diversion
of U.S.-origin items to military end uses and military end users by
purported civil end users in these countries.
    Based on the above discussion, and in line with the objectives
discussed in the National Security Strategy and National Defense
Strategy, BIS has determined that transactions involving the national
security-controlled items currently permitted under CIV should be
reviewed by the U.S. Government prior to export, reexport or transfer
(in-country). By removing License Exception CIV and requiring a license
for national security-controlled items to Country Group D:1
destinations, U.S. national security interests are maintained as the
Government will then review each transaction prior to export in
accordance with the licensing policy set forth in Sec.  742.4(b) of the
EAR.

Changes To Conform the CCL for the Removal of License Exception CIV

    This final rule makes conforming changes to Supplement No. 1 to
part 774 (the Commerce Control List). The Commerce Control List
identifies controlled items by Export Control Classification Number
(ECCN). An ECCN is typically made up of four sections, including a
section for the list-based license exceptions, which, where applicable,
provide eligibility for the ECCN-driven License Exceptions. As a
conforming change to the removal of License Exception CIV, this final
rule by amendatory instruction removes the CIV paragraph from the List-
Based License Exceptions section wherever it appears in ECCNs on the
CCL.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852) that provides the legal basis for BIS's principal authorities and
serves as the authority under which BIS issues this rule. As set forth
in Section 1768 of ECRA, all delegations, rules, regulations, orders,
determinations, licenses, or other forms of administrative action that
have been made, issued, conducted, or allowed to become effective under
the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in
effect prior to August 13, 2018 and as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) and Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp.,
p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78
FR 16129 (March 13, 2013), and as extended by the Notice of August 14,
2019, 84 FR 41881 (August 15, 2019)), or the Export Administration
Regulations, and are in effect as of August 13, 2018, shall continue in
effect according to their terms until modified, superseded, set aside,
or revoked under the authority of ECRA.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been designated a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866.
    2. This final rule is not subject to the requirements of E.O. 13771
(82 FR 9339, February 3, 2017) because it is issued with respect to a
national security function of the United States. As described in this
rule and consistent with the Administration's National Security
Strategy and National Defense Strategy, removing and modifying the
license exception CIV for D:1 countries would enhance United States'
national security by reducing the risk that exports, reexports, and
transfers (in-country) of items subject to the EAR could be diverted
and contribute to the military capability of countries of concern.
Review of these transactions before completion enhances the
Government's visibility in this area and mitigates the risk associated
with certain items on the CCL being used contrary to U.S. national
security interests. Thus, the cost-benefit analysis required pursuant
to Executive Orders 13563 and 12866 indicate this rule is intended to
improve national security as its primary direct benefit. Accordingly,
this rule meets the requirements set forth in the April 5, 2017, Office
of Management and Budget (OMB) guidance implementing E.O. 13771 (82 FR
9339, February 3, 2017), regarding what constitutes a regulation issued
``with respect to a national security function of the United States,''
and it is, therefore, exempt from the requirements of E.O. 13771.
    3. Notwithstanding any other provision of law, no person is
required to respond to, nor may be made subject to a penalty for
failure to comply, with a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid OMB Control Number. This regulation involves collections
previously approved by OMB under control number 0694-0088, Simplified
Network Application Processing System, which includes, among other
things, license applications and carries a burden estimate of 42.5
minutes for a manual or electronic submission.
    BIS expects the total burden hours associated with this collection
to increase. BIS notes for the purposes of

discussing change in burden that exports can be more than physical
overseas shipments of commodities. Exports may be either ``'tangible''
or ``intangible''. Tangible items can be exported by ship or aircraft,
sent by post or courier, or carried in checked-in or hand-held luggage.
They can include technology stored on a physical medium such as a USB
or computer hard drive or in the form of blueprints, diagrams, or
notes. An ``intangible export'' occurs when a person in the U.S.
releases or transfers controlled technology by to a foreign person
verbally or electronic means by email, fax, telephone, video
conferencing, or providing access to electronic files that contain
technology.
    Tangible shipments that were previously authorized for export,
reexport or transfer (in-country) under License Exception CIV will
require a license or other license authorization under the EAR. BIS
expects the burden hours on these tangible transactions to increase but
anticipates a limited impact based on evaluation of current export data
regarding CIV usage and the fact that once issued, BIS licenses
typically have a four-year validity period and may include prospective
sales. Additionally, while BIS recognizes that there may be increased
burden hours relating to the intangible exports, as well as the
tangible and intangible re-exports and in-country transfers currently
authorized by License Exception CIV, there is no readily available data
at this time to estimate the increase as there are no filing
requirements for these types of transactions. You may send comments
regarding the collection of information associated with this rule,
including suggestions for reducing the burden, to Jasmeet K. Seehra,
Office of Management and Budget (OMB), by email to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    4. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    5. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C 4801-4852, at 4821), which was included in the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232, 132 Stat. 1636), this action is exempt from the Administrative
Procedure Act (5 U.S.C. 553) requirements for notice of proposed
rulemaking, opportunity for public participation, and delay in
effective date.
    6. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.
    Accordingly, parts 740 and 774 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 continues to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.

Sec.  740.5   [Removed and Reserved]

0
2. Remove and reserve Sec.  740.5.

PART 774--[AMENDED]

0
3. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.

Supplement No. 1 to Part 774 [Amended]

0
4. In Supplement No. 1 to part 774, remove the CIV paragraph from the
List-based License Exceptions section in the following ECCNs: 0A018,
0A501, 0A502, 0A503, 0A504, 0A505, 0A602, 0A604, 0A606, 0A614, 0A617,
0A919, 0A978, 0A979, 0A981, 0A982, 0A983, 0A998, 0A999, 0B501, 0B505,
0B602, 0B604, 0B606, 0B614, 0B617, 0B999, 0C606, 0C617, 0D001, 0D501,
0D505, 0D602, 0D604, 0D606, 0D614, 0D617, 0D999, 0E001, 0E501, 0E502,
0E504, 0E505, 0E602, 0E604, 0E606, 0E614, 0E617, 0E982, 1A001, 1A002,
1A003, 1A004, 1A005, 1A006, 1A007, 1A008, 1A101, 1A202, 1A225, 1A226,
1A227, 1A231, 1A290, 1A607, 1A613, 1A984, 1A985, 1A995, 1A999, 1B001,
1B002, 1B003, 1B018, 1B101, 1B102, 1B115, 1B116, 1B117, 1B118, 1B119,
1B201, 1B225, 1B226, 1B228, 1B229, 1B230, 1B231, 1B232, 1B233, 1B234,
1B607, 1B608, 1B613, 1B999, 1C001, 1C002, 1C003, 1C004, 1C005, 1C006,
1C007, 1C008, 1C009, 1C010, 1C011, 1C101, 1C107, 1C111, 1C116, 1C117,
1C118, 1C202, 1C210, 1C216, 1C225, 1C226, 1C227, 1C228, 1C229, 1C230,
1C231, 1C232, 1C233, 1C234, 1C235, 1C236, 1C237, 1C239, 1C240, 1C241,
1C298, 1C350, 1C351, 1C353, 1C354, 1C355, 1C395, 1C607, 1C608, 1C990,
1C991, 1C992, 1C995, 1C996, 1C997, 1C998, 1C999, 1D001, 1D002, 1D003,
1D018, 1D101, 1D103, 1D201, 1D390, 1D607, 1D608, 1D613, 1D993, 1D999,
1E001, 1E002, 1E101, 1E102, 1E103, 1E104, 1E201, 1E202, 1E203, 1E350,
1E351, 1E355, 1E607, 1E608, 1E613, 1E994, 1E998, 2A001, 2A101, 2A225,
2A226, 2A290, 2A291, 2A983, 2A984, 2A991, 2A992, 2A993, 2A994, 2A999,
2B001, 2B002, 2B003, 2B004, 2B005, 2B006, 2B007, 2B008, 2B009, 2B104,
2B105, 2B109, 2B116, 2B117, 2B119, 2B120, 2B121, 2B122, 2B201, 2B204,
2B206, 2B207, 2B209, 2B225, 2B226, 2B227, 2B228, 2B229, 2B230, 2B231,
2B232, 2B233, 2B350, 2B351, 2B352, 2B991, 2B992, 2B993, 2B996, 2B997,
2B998, 2B999, 2D001, 2D002, 2D003, 2D101, 2D201, 2D202, 2D290, 2D351,
2D983, 2D984, 2D991, 2D992, 2D993, 2D994, 2E001, 2E002, 2E003, 2E018,
2E101, 2E201, 2E290, 2E301, 2E983, 2E984, 2E991, 2E993, 2E994, 3A001,
3A002, 3A003, 3A101, 3A201, 3A225, 3A226, 3A227, 3A228, 3A229, 3A230,
3A231, 3A232, 3A233, 3A234, 3A611, 3A980, 3A981, 3A991, 3A992, 3A999,
3B001, 3B002, 3B611, 3B991, 3B992, 3C001, 3C002, 3C003, 3C004, 3C005,
3C006, 3C992, 3D001, 3D002, 3D003, 3D004, 3D005, 3D101, 3D201, 3D202,
3D611, 3D980, 3D991, 3E001, 3E002, 3E003, 3E101, 3E102, 3E201, 3E202,
3E611, 3E980, 3E991, 4A001, 4A003, 4A004, 4A101, 4A980, 4A994, 4D001,
4D980, 4D993, 4D994, 4E001, 4E980, 4E992, 4E993, 5A001, 5A101, 5A980,
5A991, 5B001, 5B991, 5C991, 5D001, 5D101, 5D980, 5D991, 5E001, 5E101,
5E980, 5E991, 5A002, 5A992, 5A003, 5A004, 5B002, 5D002, 5D992, 5E002,
5E992, 6A001, 6A002, 6A003, 6A004, 6A005, 6A006, 6A007, 6A008, 6A102,
6A107, 6A108, 6A202, 6A203, 6A205, 6A225, 6A226, 6A991, 6A992, 6A993,
6A994, 6A995, 6A996, 6A997, 6A998, 6A999, 6B004, 6B007, 6B008, 6B108,
6B619, 6B995, 6C002, 6C004, 6C005, 6C992, 6C994, 6D001, 6D002, 6D003,
6D102, 6D103, 6D201, 6D619, 6D991, 6D992, 6D993, 6E001, 6E002, 6E003,
6E101, 6E201, 6E202, 6E619, 6E991, 6E992, 6E993, 7A001, 7A002, 7A003,
7A004, 7A005, 7A006, 7A008, 7A101, 7A102,

7A103, 7A104, 7A105, 7A107, 7A116, 7A611, 7A994, 7B001, 7B002, 7B003,
7B101, 7B102, 7B611, 7B994, 7D001, 7D002, 7D003, 7D004, 7D005, 7D101,
7D102, 7D611, 7D994, 7E001, 7E002, 7E003, 7E004, 7E101, 7E102, 7E611,
7E994, 8A001, 8A002, 8A609, 8A620, 8A992, 8B001, 8B609, 8B620, 8C001,
8C609, 8D001, 8D002, 8D609, 8D620, 8D992, 8D999, 8E001, 8E002, 8E609,
8E620, 8E992, 9A001, 9A002, 9A003, 9A004, 9A012, 9A101, 9A102, 9A106,
9A110, 9A115, 9A120, 9A515, 9A604, 9A610, 9A619, 9A620, 9A980, 9A990,
9A991, 9A992, 9B001, 9B002, 9B003, 9B004, 9B005, 9B006, 9B007, 9B008,
9B009, 9B010, 9B104, 9B105, 9B106, 9B115, 9B116, 9B117, 9B515, 9B604,
9B610, 9B619, 9B620, 9B990, 9B991, 9C110, 9C610, 9C619, 9D001, 9D002,
9D003, 9D004, 9D101, 9D104, 9D515, 9D604, 9D610, 9D619, 9D620, 9D990,
9D991, 9E001, 9E002, 9E003, 9E101, 9E102, 9E515, 9E604, 9E610, 9E619,
9E620, 9E990, 9E991, and 9E993.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-07240 Filed 4-27-20; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43207-43209]
[FR Doc No: 2016-15662]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-N-2016-1493]

Erythropoietic Protoporphyria; Scientific Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
a public workshop and an opportunity for public comment on
Erythropoietic Protoporphyria (EPP).

The public workshop is intended to discuss how best to facilitate and
expedite the development of safe and effective drug therapies to treat
signs and symptoms related to EPP. FDA will provide information for,
and gain perspective from, patients and patient advocacy organizations,
health care providers, academic experts, and industry on disease
symptoms and its impact on daily life, experience with current
treatment regimens for EPP, and various aspects of clinical development
of products intended to treat EPP. The input from this public workshop
will help in developing topics for further discussion.

DATES: The public workshop will be held on October 24, 2016, from 10
a.m. to 4 p.m. Submit electronic or written comments to the public
docket by December 24, 2016. See the SUPPLEMENTARY INFORMATION section
for registration date and information.

ADDRESSES: The workshop will be held at the FDA White Oak Campus, 10903
New Hampshire Ave., Building 31 Conference Center, the Great Room (Rm.
1503), Silver Spring, MD 20993-0002. Participants must enter through
Bldg. 1 and undergo security screening. For more information on parking
and security procedures, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-N-2016-1493. Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at http://www.regulations.gov or at the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    FDA will post the agenda approximately 5 days before the workshop
at: http://www.fda.gov/Drugs/NewsEvents/ucm501389.htm.

FOR FURTHER INFORMATION CONTACT: Meghana Chalasani, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1146, Silver Spring, MD 20993-0002, 240-
402-6525, FAX:<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Workshop Information

A. Purpose and Scope of the Workshop

    FDA is announcing a public workshop and an opportunity for public
comment on Erythropoietic Protoporphyria (EPP). EPP is a group of
genetic disorders that is characterized by photosensitivity that often
manifests as severe pain, swelling and/or burning. Treatment for EPP
focuses on minimizing sun exposure. Other treatments may include
dietary management, over-the-counter and prescription sunscreen, and
phototherapy. The purpose of the workshop is to discuss issues that may
affect the development of products for the treatments of EPP, and to
provide a scientific and technical forum to consider issues related to
clinical trial designs (including eligible populations and trial
feasibility) and clinical trial endpoints. FDA will provide information
on current review considerations for new products in the United States,
and gain perspective from patients and patient advocacy organizations,
health care providers, academic experts, and industry on the most
significant disease symptoms and its impact on daily life and
experience with current treatment regimens for EPP. The input from this
public workshop will help in developing topics for further discussion.

B. Workshop Attendance and Participation

    Registration: If you wish to attend this workshop, visit https://eppscientificworkshop.eventbrite.com. Please register by October 17,
2016. If you are unable to attend the workshop in person, you can
register to view a live Webcast of the workshop. You will be asked to

indicate in your registration if you plan to attend in person or via
the Webcast. Seating will be limited, so early registration is
recommended. Registration is free and will be on a first-come, first-
served basis. However, FDA may limit the number of participants from
each organization based on space limitations. Registrants will receive
confirmation once they have been accepted. Onsite registration on the
day of the workshop will be based on space availability. If you need
special accommodations because of a disability, please contact Meghana
Chalasani (see FOR FURTHER INFORMATION CONTACT) at least 7 days before
the workshop.
    FDA will hold an open public comment period to give the public an
opportunity to comment. Registration for open public comment will occur
at the registration desk on the day of the workshop on a first-come,
first-served basis.
    Docket Comments: Regardless of if you attend the public workshop,
you can submit electronic or written responses for consideration to the
public docket (see ADDRESSES) by December 24, 2016. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.
    Transcripts: As soon as a transcript is available, FDA will post it
at http://www.fda.gov/Drugs/NewsEvents/ucm501389.htm.

    Dated: June 27, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-15662 Filed 6-30-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16300-16303]
[FR Doc No: 2019-07822]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85647; File No. SR-ISE-2019-09]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Establish a
Priority Customer Complex Order Surcharge and Provide an Additional
Rebate per Originating Contract Side to Qualifying Members

April 15, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 1, 2019, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Pricing Schedule in Options 7.
    The text of the proposed rule change is available on the Exchange's
website at http://ise.cchwallstreet.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
Pricing Schedule in Options 7 to: (1) Establish a $0.05 per contract
surcharge for Priority Customer \3\ complex orders in SPY that leg into
the regular order book; and (2) amend its QCC and Solicitation Rebate
program to provide an additional rebate of $0.01 per originating
contract side to qualifying members.
---------------------------------------------------------------------------

    \3\ A ``Priority Customer'' is a person or entity that is not a
broker/dealer in securities, and does not place more than 390 orders
in listed options per day on average during a calendar month for its
own beneficial account(s), as defined in Nasdaq ISE Rule
100(a)(37A).
---------------------------------------------------------------------------

Priority Customer Complex Order Surcharge
    The Exchange currently has a pricing structure in place that
provides rebates to Priority Customer complex orders in order to
encourage members to bring that order flow to the Exchange. The
Exchange provides these rebates to members that achieve Priority
Customer Complex Tiers \4\ in Select Symbols \5\ and Non-Select Symbols
\6\ (other than NDX, NQX or MNX). All complex order volume executed on
the Exchange, including volume executed by Affiliated Members,\7\ is
included in the volume calculation, except for volume executed as
Crossing Orders \8\ and Responses to Crossing Orders.\9\ Affiliated
Entities \10\

may also aggregate their complex order volume for purposes of
qualifying Appointed OFPs for these Priority Customer rebates.\11\
Rebates are provided per contract per leg if the Priority Customer
complex order trades with non-Priority Customer orders in the complex
order book or trades with quotes and orders on the regular order
book.\12\
---------------------------------------------------------------------------

    \4\ The Priority Customer Complex Tiers are based on total
Affiliated Member or Affiliated Entity complex order volume
(excluding Crossing Orders and Responses to Crossing Orders), and
are calculated as a percentage of Customer Total Consolidated Volume
(hereinafter, ``Complex Order Volume Percentage''). ``Customer Total
Consolidated Volume'' means the total national volume cleared at The
Options Clearing Corporation in the Customer range in equity and ETF
options in that month.
    \5\ ``Select Symbols'' are options overlying all symbols listed
on the Nasdaq ISE that are in the Penny Pilot Program. SPY is a
Select Symbol.
    \6\ ``Non-Select Symbols'' are options overlying all symbols
excluding Select Symbols.
    \7\ An ``Affiliated Member'' is a Member that shares at least
75% common ownership with a particular Member as reflected on the
Member's Form BD, Schedule A.
    \8\ A ``Crossing Order'' is an order executed in the Exchange's
Facilitation Mechanism, Solicited Order Mechanism, Price Improvement
Mechanism (PIM) or submitted as a Qualified Contingent Cross order.
For purposes of this Pricing Schedule, orders executed in the Block
Order Mechanism are also considered Crossing Orders.
    \9\ ``Responses to Crossing Orders'' are any contra-side
interest submitted after the commencement of an auction in the
Exchange's Facilitation Mechanism, Solicited Order Mechanism, Block
Order Mechanism or PIM.
    \10\ An ``Affiliated Entity'' is a relationship between an
Appointed Market Maker and an Appointed OFP for purposes of
qualifying for certain pricing specified in the Pricing Schedule. An
``Appointed Market Maker'' is a Market Maker who has been appointed
by an Order Flow Provider (``OFP'') for purposes of qualifying as an
Affiliated Entity. An ``Appointed OFP'' is an OFP (i.e., a member,
other than a Market Maker, that submits orders, as agent or
principal, to the Exchange) who has been appointed by a Market Maker
for purposes of qualifying as an Affiliated Entity. Each member may
qualify for only one Affiliated Entity relationship at any given
time. Affiliated Members are not eligible to enter an Affiliated
Entity relationship.
    \11\ The Appointed OFP would receive the rebate associated with
the qualifying volume tier based on aggregated volume.
    \12\ The rebate for the highest tier volume achieved is applied
retroactively to all eligible Priority Customer complex volume once
the threshold has been reached. Members will not receive rebates for
net zero complex orders. For purposes of determining which complex
orders qualify as ``net zero'' the Exchange will count all complex
orders that leg into the regular order book and are executed at a
net price per contract that is within a range of $0.01 credit and
$0.01 debit.
---------------------------------------------------------------------------

    As set forth in Section 4 of the Pricing Schedule, there are
currently nine Priority Customer Complex Tiers as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                Rebate for    Rebate for non-
       Priority customer complex tier          Complex order volume percentage    select symbols  select symbols
----------------------------------------------------------------------------------------------------------------
Tier 1.....................................  0.000%-0.200%......................         ($0.25)         ($0.40)
Tier 2.....................................  Above 0.200%-0.400%................          (0.30)          (0.55)
Tier 3.....................................  Above 0.400%-0.600%................          (0.35)          (0.70)
Tier 4.....................................  Above 0.600%-0.750%................          (0.40)          (0.75)
Tier 5.....................................  Above 0.750%-1.000%................          (0.45)          (0.80)
Tier 6.....................................  Above 1.000%-1.500%................          (0.46)          (0.80)
Tier 7.....................................  Above 1.500%-2.000%................          (0.48)          (0.80)
Tier 8.....................................  Above 2.000%-3.250%................          (0.50)          (0.85)
Tier 9.....................................  Above 3.250%.......................          (0.50)          (0.85)
----------------------------------------------------------------------------------------------------------------

    Going forward, the Exchange proposes to impose a $0.05 per contract
surcharge on Priority Customer complex orders in SPY that leg into the
regular order book, which will be applied in addition to the applicable
rebate.\13\ For example, if a member qualifies for Priority Customer
Complex Tier 1, the member's Priority Customer complex orders in SPY
that leg into the regular order book for non-net zero activity will
earn $0.20 per contract (i.e., $0.25 per contract rebate for Select
Symbols minus the $0.05 per contract surcharge). If, however, the
member's SPY Priority Customer complex orders execute against non-
Priority Customer orders in the complex order book instead of legging
into the regular order book, those orders will earn the $0.25 per
contract rebate and not be assessed the $0.05 surcharge.
---------------------------------------------------------------------------

    \13\ As discussed above, the Exchange currently provides the
Tiers 1-9 Priority Customer complex order rebates to non-net zero
Priority Customer complex orders that leg into the regular order
book. See supra note 12, with accompanying text.
---------------------------------------------------------------------------

    The Exchange is proposing this surcharge to reduce the costs of
such transactions. Not only does the Exchange provide the tiered
rebates discussed above to Priority Customer complex orders, but the
Exchange also does not charge any maker or taker fees for such
orders.\14\
---------------------------------------------------------------------------

    \14\ See Options 7, Section 4.
---------------------------------------------------------------------------

QCC and Solicitation Rebate
    Currently, members using the Qualified Contingent Cross (``QCC'')
\15\ and/or other solicited crossing orders, including solicited orders
executed in the Solicitation,\16\ Facilitation \17\ or Price
Improvement Mechanisms (``PIM''),\18\ receive rebates for each
originating contract side in all symbols traded on the Exchange. Once a
member reaches a certain volume threshold in QCC orders and/or
solicited crossing orders during a month, the Exchange provides rebates
to that member for all of its QCC and solicited crossing order traded
contracts for that month.\19\ The applicable rebates are applied on QCC
and solicited crossing order traded contracts once the volume threshold
is met. Members receive the rebate for all QCC and/or other solicited
crossing orders except for QCC and solicited orders between two
Priority Customers, which do not receive any rebate. Today, the volume
thresholds and corresponding rebates are as follows:
---------------------------------------------------------------------------

    \15\ A QCC Order is comprised of an originating order to buy or
sell at least 1000 contracts that is identified as being part of a
qualified contingent trade, as that term is defined in Supplementary
Material .01 to Rule 715, coupled with a contra-side order or orders
totaling an equal number of contracts. See Rule 715(j).
    \16\ The Solicited Order Mechanism is a process by which an
Electronic Access Member (``EAM'') can attempt to execute orders of
500 or more contracts it represents as agent against contra orders
that it solicited. Each order entered into the Solicited Order
Mechanism shall be designated as all-or-none. See Rule 716(e).
    \17\ The Facilitation Mechanism is a process by which an EAM can
execute a transaction wherein the EAM seeks to facilitate a block-
size order it represents as agent, and/or a transaction wherein the
EAM solicited interest to execute against a block-size order it
represents as agent. See Rule 716(d).
    \18\ PIM is a process by which an EAM can provide price
improvement opportunities for a transaction wherein the EAM seeks to
facilitate an order it represents as agent, and/or a transaction
wherein the EAM solicited interest to execute against an order it
represents as agent. See Rule 723.
    \19\ All eligible volume from affiliated members will be
aggregated in determining QCC and Solicitation volume totals,
provided there is at least 75% common ownership between the members
as reflected on each member's Form BD, Schedule A.

------------------------------------------------------------------------
               Originating contract sides                     Rebate
------------------------------------------------------------------------
0 to 99,999.............................................           $0.00
100,000 to 199,999......................................          (0.05)
200,000 to 499,999......................................          (0.07)
500,000 to 749,999......................................          (0.09)
750,000 to 999,999......................................          (0.10)
1,000,000+..............................................          (0.11)
------------------------------------------------------------------------

    At this time, the Exchange proposes to provide an additional
incentive for members that achieve high volumes of QCC and other
solicited crossing activity well above the current highest volume
threshold of more than 1,000,000 originating contract sides and also
provide significant complex order volume in a given month.
Specifically, members will receive an additional rebate of $0.01 per
originating contract side on QCC and/or other solicited crossing orders
that qualify for the QCC and Solicitation Rebate program if they
achieve in a given month: (i) Combined QCC and other solicited crossing
order volume of more than 1,750,000 originating contract sides and (ii)
Priority Customer Complex Tiers 6-9, as described above. This
additional rebate opportunity will be cumulative of the $0.11 base
rebate since qualifying members will have exceeded requisite volume
threshold to receive the additional $0.01 incentive for a total of
$0.12 per originating contract side on

QCC and solicited crossing order traded contracts.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\20\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\21\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

Priority Customer Complex Order Surcharge
    The Exchange believes that it is reasonable to establish a $0.05
per contract surcharge for Priority Customer complex orders in SPY that
leg into the regular order book. As noted above, the Exchange is
proposing this surcharge on Priority Customer complex orders in SPY,
which is one of the most heavily traded symbols on ISE, to recoup the
costs of such transactions. Not only does the Exchange provide the
tiered rebates discussed above to Priority Customer complex orders, but
the Exchange also does not charge any maker or taker fees for such
orders. Despite the proposed change, the Exchange believes that the
complex order pricing structure will continue to encourage members to
bring Priority Customer complex order flow to ISE as the surcharge is
minimal and only applies in limited circumstances (i.e., when SPY
Priority Customer complex orders leg into the regular order book).
Finally, the Exchange notes that members will still net a rebate for
each Priority Customer Complex Tier even after the surcharge is
applied.
    The Exchange believes that the proposed surcharge is equitable and
not unfairly discriminatory because the Exchange will uniformly apply
this fee to all similarly situated market participants. Even with this
surcharge, SPY complex order pricing for Priority Customers will
continue to be lower than for all other market participants. The
Exchange does not believe that this pricing structure is unfairly
discriminatory because Priority Customer orders bring valuable
liquidity to the market, which in turn benefits other market
participants by increasing their opportunities to trade.
QCC and Solicitation Rebate
    The Exchange believes that its proposal to provide a supplementary
$0.01 rebate cumulative of the base $0.11 rebate to members that
achieve in a given month both combined QCC and other solicited crossing
order volume of more than 1,750,000 originating contract sides and
Priority Customer Complex Tiers 6-9 is reasonable because this
incentive is intended to encourage members that achieve high volumes of
QCC and other solicited crossing activity to continue to send more
complex order flow to the Exchange to achieve Priority Customer Complex
Tiers 6-9 to earn the additional $0.01 rebate. All market participants
benefit from increased order interaction when more order flow is
available on ISE. The Exchange also believes that the proposed changes
will continue to encourage members to submit greater numbers of QCC and
other solicited crossing orders to ISE to receive the additional
rebate. Furthermore, the Exchange notes that it currently has other
incentive programs to promote and encourage growth in specific business
areas to garnish greater order flow. For example, the Exchange offers
additional rebates to members that achieve high volumes of unsolicited
PIM and Facilitation activity as well as complex activity.\22\
---------------------------------------------------------------------------

    \22\ See Options 7, Section 6.B (PIM and Facilitation Rebate).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed changes are equitable
and not unfairly discriminatory because any member may qualify for the
proposed supplemental rebate by submitting QCC and other solicited
crossing orders as well as complex orders. Finally, the Exchange will
apply the proposed incentive uniformly to all members' orders that meet
the requisite volume thresholds.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. As it relates to the proposed
surcharge for Priority Customer complex orders in SPY, the Exchange
believes that its proposal will continue to encourage members to send
more complex order flow to ISE given that the surcharge will apply in
limited circumstances, and that Priority Customers will still earn a
rebate in each Priority Customer Complex Tier even after the surcharge
is applied. The Exchange further believes that the additional QCC and
Solicitation Rebate proposed above will encourage members to submit
more QCC and other solicited crossing orders as well as complex orders.
Accordingly, the Exchange believes that the fees and rebates proposed
above will continue to attract order flow to the Exchange, thereby
encouraging additional volume and liquidity. All market participants
benefit from increased order interaction when more order flow is
available on ISE.
    The Exchange operates in a highly competitive market in which
market participants can readily direct their order flow to competing
venues if they deem fee levels at a particular venue to be excessive,
or rebate opportunities available at other venues to be more favorable.
In such an environment, the Exchange must continually adjust its fees
to remain competitive. For the reasons described above, the Exchange
believes that the proposed fee 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 either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\23\ and Rule 19b-4(f)(2) \24\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is: (i) Necessary or
appropriate in the public interest; (ii) for the protection of
investors; or (iii) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \24\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-ISE-2019-09 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-ISE-2019-09. 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-ISE-2019-09 and should be submitted on
or before May 9, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-07822 Filed 4-17-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Proposed Rules]
[Pages 17788-17791]
[FR Doc No: 2020-06633]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0283; Product Identifier 2018-SW-045-AD]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Leonardo S.p.A. (Leonardo) Model AB139 and AW139
helicopters. This proposed AD would require various inspections of the
main rotor (M/R) damper, and depending on the inspection results,
removing from service or replacing certain parts. This proposed AD
would also require reducing the torque of the M/R damper hub attachment
bolts, marking parts, installing a special washer, and installing a
certain part-numbered M/R damper and prohibit installing other part-
numbered M/R dampers. This proposed AD is prompted by reports of failed
M/R dampers. The proposed actions are intended to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 1,
2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0283; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this proposed AD, the European Union Aviation Safety Agency (previously
European Aviation Safety Agency) (EASA) AD, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this proposed rule, contact
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view the referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views. The FAA also invites comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting the proposals in this document. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should send only one copy of written comments, or if
comments are filed electronically, commenters should submit only one
time.
    The FAA will file in the docket all comments received, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments received on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this proposal in light of the
comments received.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued a series of superseded and revised ADs to
correct an unsafe condition for Leonardo S.p.A. Helicopters (formerly
Finmeccanica S.p.A., Helicopter Division (FHD), AgustaWestland S.p.A.,
Agusta S.p.A.), AgustaWestland Philadelphia Corporation (formerly
Agusta Aerospace Corporation), Model AB139 and AW139 helicopters, all
serial numbers (S/Ns) except S/Ns 31004, 31007, and 41237. EASA advises
of multiple failures of M/R dampers part number (P/N) 3G6220V01351 and
3G6220V01352. EASA states that in some cases these failures occurred at
the eye end and body lugs resulting in disconnection of the M/R damper
in-flight. EASA further states that a combination of factors, including
cracks on the M/R damper rod end and body end and in-service failure of
the eye end and body lugs may have contributed to the M/R damper
disconnections. Information issued by Leonardo advises of M/R damper
cracking, loose rod ends, bearing rotation in the damper seat, and
damage, incorrect engagement, and misalignment of the lag damper
broached ring nut, particularly the broached ring teeth and the damper
piston slots.
    EASA states that this condition could result in loss of the lead-
lag damping function of the M/R blade, damage to adjacent critical
rotor components, and subsequent reduced control of the helicopter.
EASA AD No. 2018-0112R1, dated June 4, 2018 (EASA AD 2018-0112R1),
which is the most recent EASA AD, requires various one-time and
repetitive inspections of the M/R damper, a torque check of the damper
body end, and replacing any M/R damper with a crack or that fails the
torque check. EASA AD 2018-0112R1 also requires replacing M/R damper P/
N 3G6220V01351 and 3G6220V01352 with P/N 3G220V01353, as additional
tests determined that M/R damper P/N 3G220V01353 does not need to be
subject to inspections for cracks, provided it is removed from service
before it reaches its retirement life.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that an
unsafe condition is likely to exist or develop on other helicopters of
the same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin No.
139-450, Revision C, dated April 10, 2018, which contains procedures
for visual and dye penetrant inspections of the M/R damper for cracks
and for verifying the torque of the M/R damper body ends (body ends).
    The FAA also reviewed Leonardo Helicopters Alert Service Bulletin
No. 139-452, Revision B, dated April 10, 2018, which contains
procedures for reducing the body end nut torque.
    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.

Proposed AD Requirements

    This proposed AD would require compliance with certain procedures
described in the manufacturer's service bulletin. Based on the
helicopter's S/N and the M/R damper P/N installed, this proposed AD
would require within 5 hours time-in-service (TIS) and thereafter
before the first flight of each day:
     A repetitive visual inspection using a magnifying glass of
the M/R damper rod end (rod end) and body ends for a crack, and
depending on the inspection results, removing the rod end from service
or replacing the M/R damper.
     A repetitive inspection of the rod and body end bearings
for rotation in the damper seat and for misaligned slippage marks, and
depending on the inspection results, removing from service the rod end
or replacing the M/R damper.
    This proposed AD would also require within 10 hours TIS:
     Reducing the installation torque of each hub attachment
bolt for each M/R damper.
    This proposed AD would also require within 30 hours TIS, before the
M/R damper accumulates 300 hours TIS, or within 300 hours TIS since
last overhaul, whichever occurs later:
     A dye penetrant inspection using a magnifying glass or
eddy current inspection of the rod and body ends for a crack, and
depending on the inspection results, removing from service the rod end
and replacing the M/R damper, or marking the rod and body ends.
    This proposed AD would require within 30 hours TIS and thereafter
at intervals not to exceed 20 hours TIS until the M/R damper has
accumulated 600 hours TIS:
     A repetitive visual inspection of the rod end broached
ring nut for broken teeth, improper engagement, and misalignment, and
depending on the inspection results, removing from service the broached
ring nut.
    This AD would require within 50 hours TIS and thereafter at
intervals not to exceed 100 hours TIS:
     A repetitive inspection of the bearing friction torque
value of the body and rod ends, and depending on the inspection
results, removing from service the rod end or replacing the M/R damper.
     A repetitive inspection the M/R damper anti-rotation block
(block), and depending on the inspection results, removing the block
from service.
    This AD would also require, within 50 hours TIS:
     If special washer P/N 3G6220A05052 is installed, aligning
the rod ends and broached rings, and replacing any broached ring that
cannot be aligned.
     If special washer P/N 3G6220A05052 is not installed,
inspecting the broached rings for wear and damage, and depending on the
inspection results, replacing the broached ring and installing a
special washer.
    This proposed AD would also require installing M/R damper P/N
3G220V01353, prohibit installing M/R damper P/N 3G6220V01351 and P/N
3G6220V01352 on any helicopter, and allow the installation of M/R
damper P/N 3G220V01353 to serve as terminating action for all the
repetitive requirements of this proposed AD.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires contacting the manufacturer under certain
conditions, while this proposed AD would not.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 123
helicopters of U.S. Registry. The FAA estimates that operators may
incur the following costs in order to comply with this proposed AD.
Labor costs are estimated at $85 per work-hour.
    Performing the M/R damper inspections would take about 24 work-
hours, for an estimated cost of $2,040 per helicopter and $250,920 for
the U.S. fleet, per inspection cycle.
    Replacing a rod end would take about 3 work-hours and parts would
cost about $500, for an estimated cost of $755 per rod end.
    Replacing a broached ring and broached ring nut would take about 3
work-hours and parts would cost about $125, for an estimated cost of
$380 per broached ring and broached ring nut.
    Replacing an anti-rotation block would take about 3 work-hours and
parts would cost about $50, for an estimated cost of $305 per anti-
rotation block.
    Replacing an M/R damper would take about 2 work-hours and parts
would cost about $18,000, for an estimated cost of $18,170 per M/R
damper.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA 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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Will not affect intrastate aviation in Alaska, and

    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

Leonardo S.p.A. Docket No. FAA-2020-0283; Product Identifier 2018-
SW-045-AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. Model AB139 and AW139
helicopters, certificated in any category, all serial numbers (S/Ns)
except S/Ns 31004, 31007, and 41237, with a main rotor (M/R) damper
part number (P/N) 3G6220V01351, 3G6220V01352, or 3G6220V01353
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in an M/R
damper, which if not detected and corrected, could result in seizure
of the M/R damper, detachment of the M/R damper in-flight, and
subsequent loss of control of the helicopter.

(c) Comments Due Date

    The FAA must receive comments by June 1, 2020.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) For helicopters with M/R damper P/N 3G6220V01351 or
3G6220V01352, within 5 hours time-in-service (TIS) and thereafter
before the first flight of each day:
    (i) For helicopters with an M/R damper rod end (rod end) that
has accumulated 300 or more hours TIS since new or since the last
overhaul, using a mirror and a 5X or higher power magnifying glass,
visually inspect each rod end for a crack in the areas shown in
Figure 19 of Leonardo Helicopters Alert Service Bulletin No. 139-
450, Revision C, dated April 10, 2018 (ASB 139-450). If there is a
crack, before further flight, remove from service the rod end.
    (ii) For helicopters with an M/R damper body end (body end) that
have accumulated more than 1,200 hours TIS since new, before further
flight, remove from service the body end.
    (iii) For helicopters with a body end that has accumulated 300
or more hours TIS and less than 1,200 hours TIS since new or since
the last overhaul, using a mirror and a 5X or higher power
magnifying glass, inspect each body end for a crack in the areas
shown in Figure 19 of ASB 139-450. If there is a crack, before
further flight, replace the M/R damper.
    (2) For all helicopters, within 10 hours TIS, reduce the torque
of the nut on the bolt attaching each M/R damper to the M/R hub.
Using as a reference Figure 1 of Leonardo Helicopters Alert Service
Bulletin No. 139-452, Revision B, dated April 10, 2018 (ASB 139-
452), on the body end of each M/R damper, remove the cotter pin from
service, remove the nut from the bolt, and clean the threads of the
bolt. Install the nut and apply a torque of 74.6 Nm to 88 Nm (55 lbf
ft to 64.9 lbf ft). Install a new cotter pin and apply corrosion
inhibitor (C002 or equivalent) to the cotter pin, nut, and washer.
    (3) For helicopters with M/R damper P/N 3G6220V01351 or
3G6220V01352, within 30 hours TIS, before the M/R damper accumulates
300 hours TIS, or within 300 hours TIS since the last overhaul,
whichever occurs later, inspect each rod end and body end for a
crack in the areas shown in Figures 1 through 6 of ASB 139-450 by
either performing a dye penetrant inspection using a 5X or higher
power magnifying glass or using an eddy current inspection method
performed by personnel qualified to at least Level 2 per the
National Aerospace Standard 410 or equivalent requirements.
    (i) If there is a crack on the body end, before further flight,
replace the M/R damper.
    (ii) If there is a crack on the rod end, before further flight,
remove from service the rod end.
    (iii) If there is no crack, before further flight, mark the rod
end and body end with a dot of black polyurethane paint as depicted
in Figure 7 of ASB 139-450.
    (4) For helicopters with M/R damper P/N 3G6220V01351 or
3G6220V01352, perform the inspection in paragraph (e)(4)(iii) of
this AD within the compliance times listed in paragraphs (e)(4)(i)
and (ii) of this AD:
    (i) For M/R dampers that have accumulated less than 300 hours
TIS since new or since the last overhaul, within 30 hours TIS and
thereafter at intervals not to exceed 10 hours TIS until the M/R
damper accumulates up to 300 hours TIS; or
    (ii) For M/R dampers that have accumulated 300 or more hours TIS
since new or since the last overhaul, within 5 hours TIS and
thereafter before the first flight of each day:
    (iii) Inspect each rod end bearing and body end bearing for
rotation in the damper seat and for misaligned slippage marks as
shown in Figure 9 of ASB 139-450. If there is any bearing seat
rotation or misaligned slippage mark in the rod end, before further
flight, remove from service the rod end. If there is any bearing
seat rotation or misaligned slippage mark in the body end, before
further flight, replace the M/R damper.
    (5) For helicopters with M/R damper P/N 3G6220V01351 or
3G6220V01352, within 30 hours TIS and thereafter at intervals not to
exceed 20 hours TIS until the M/R damper has accumulated 600 hours
TIS, visually inspect each rod end broached ring nut for broken
teeth, proper engagement, and alignment as depicted in Figure 11 and
shown in Figure 12 of ASB 139-450. If there is a broken tooth,
improper engagement, or misalignment of the broached ring nut,
before next flight, remove from service the broached ring nut.
    (6) For helicopters with M/R damper P/N 3G6220V01351 or
3G6220V01352, within 50 hours TIS and thereafter at intervals not to
exceed 100 hours TIS:
    (i) Inspect the bearing friction torque value of each body end
as depicted in ``View G'' of Figure 18 of ASB 139-450.
    (A) If the torque value of the body end is more than 30.0 Nm
(265.5 in lb), before further flight, replace the M/R damper.
    (B) If the torque value of the body end is 30.0 Nm (265.5 in lb)
or less, inspect the bearing friction torque value of the rod end as
depicted in ``View H'' of Figure 18 of ASB 139-450. If the torque
value of the rod end is more than 30.0 Nm (265.5 in lb), before
further flight, remove from service the rod end.
    (ii) Inspect each M/R damper anti-rotation block for wear by
following paragraphs 4.3 through 4.3.7 of the Accomplishment
Instructions, Part VI, of ASB 139-450. If there is wear, before
further flight, remove from service the M/R damper anti-rotation
block.
    (7) For helicopters with M/R damper P/N 3G6220V01351 or
3G6220V01352, within 50 hours TIS, inspect each rod end to determine
if special washer P/N 3G6220A05052 is installed:
    (i) If special washer P/N 3G6220A05052 is installed, align each
rod end and broached ring by applying a torque of 63 Nm (558 in lb)
to 80 Nm (708 in lb). If the rod end and broached ring cannot be
aligned, before further flight, replace the broached ring.
    (ii) If special washer P/N 3G6220A05052 is not installed:
    (A) Inspect each broached ring for wear and damage. Pay
particular attention to the four pins that engage the piston
grooves. If there is any wear or damage to the broached ring, before
further flight, remove from service the broached ring. An example of
an acceptable broached ring is shown in Figure 4, Annex A, of ASB
139-450.
    (B) Install special washer P/N 3G6220A05052 before further
flight.
    (8) For helicopters with M/R damper P/N 3G6220V01351 or
3G6220V01352, and with M/R body end P/N M006-01H002-041or P/N M006-
01H002-047 installed, within 30 hours TIS, or before the body end
accumulates 1,200 hours TIS, whichever occurs later, replace the M/R
damper with M/R damper P/N 3G6220V01353.
    (9) After the effective date of this AD, do not install an M/R
damper P/N 3G6220V01351 or P/N 3G6220V01352 on any helicopter.
    (10) Replacing each M/R damper P/N 3G6220V01351 or P/N
3G6220V01352 with

an M/R damper P/N 3G6220V01353 in accordance with the instructions
of Part II of ASB 139-452, constitutes terminating action for all
repetitive actions required by this AD for that helicopter.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch FAA, may approve AMOCs for this AD. Send your proposal to:
Matt Fuller, Senior Aviation Safety Engineer, Safety Management
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy, Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Union Aviation
Safety Agency (previously European Aviation Safety Agency) (EASA) AD
No. 2018-0112R1, dated June 4, 2018. You may view the EASA AD on the
internet at https://www.regulations.gov in the AD Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor
System.

    Issued on March 25, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-06633 Filed 3-30-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: January 5, 2006 (Volume 71, Number 3)]
[Notices]
[Page 595-597]
[DOCID:fr05ja06-28]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EC06-38-000, et al.]

The Goldman Sachs Group, Inc. et al.; Electric Rate and Corporate
Filings

December 28, 2005.
    The following filings have been made with the Commission. The
filings are listed in ascending order within each docket
classification.

1. The Goldman Sachs Group, Inc.

[Docket No. EC06-38-000]

    Take notice that on December 12, 2005, The Goldman Sachs Group,
Inc. (GS Group) filed with the Federal Energy Regulatory Commission
(Commission) an application pursuant to Section 203(a)(2) of the
Federal Power Act seeking blanket authorization for the acquisition,
directly or indirectly, of securities of electric utility companies,
transmitting utilities or of any holding company over any electric
utility company or transmitting utility, subject to certain proposed
limitations.
    Comment Date: 5 p.m. eastern time on January 13, 2006.

2. SCANA Corporation, South Carolina Electric & Gas Company, and South
Carolina Generating Company, Inc.

[Docket Nos. EC06-39-000 and ES06-18-000]

    Take notice that on December 13, 2005, South Carolina Electric &
Gas Company (SCE&G) and South Carolina Generating Company, Inc. (GENCO)
filed an application seeking authority pursuant to section 204 and 203
of the Federal Power Act: (i) For SCE&G and GENCO to issue up to $700
million and $100 million, respectively, of short-term unsecured
promissory notes in the form of bank loans and commercial paper, or
borrowings from the SCANA Utility Money Pool during the period ending
December 31, 2007, (ii) for SCANA Corporation (SCANA) to purchase,
acquire or take not more than $700 million of such short-term debt of
SCE&G and not more than $100 million of such short-term debt of GENCO,
for SCE&G to purchase, acquire or take not more than $100 million of
such short-term debt of GENCO, and for GENCO to purchase, acquire or
take not more than $100 million of such short-term debt of SCE&G and
(iii) for SCANA to make capital contributions to, and/or acquire equity
securities of, SCE&G and GENCO in amounts not to exceed $200 million
(as to SCE&G) and $100 million (as to GENCO).
    Comment Date: 5 p.m. Eastern Time on January 13, 2006.

3. Xcel Energy Services Inc.

[Docket Nos. EC06-40-000 and ER06-320-000]

    Take notice that on December 13, 2005, Xcel Energy Services Inc.,
on behalf of Southwestern Public Service Company, submitted pursuant to
sections 203 and 205 of the Federal Power Act, respectively: (i) An
application for authorization for the sale of certain jurisdictional
electrical transmission assets located in the states of Oklahoma and
Kansas, and in and around the city of Texhoma, Texas, to Tri-County
Electric Cooperative, Inc., an Oklahoma Electric Cooperative; and (ii)
a request for approval of a proposed rate schedule for the sale of full
requirements power and energy to Tri-County Electric Cooperative, Inc.
    Comment Date: 5 p.m. eastern time on January 13, 2006.

4. Aquila, Inc. and Mid-Kansas Electric Company

[Docket No. EC06-46-000]

    Take notice that on December 19, 2005, Aquila, Inc. (Aquila) and
Mid-Kansas Electric Company (MKEC) filed with the Federal Energy
Regulatory Commission an application under section 203 of the Federal
Power Act seeking approval of a transaction wherein Aquila will sell
its Kansas Electric Network to MKEC. Aquila and MKEC seek Commission
approval by April 17, 2006.
    Comment Date: 5 p.m. eastern time on January 13, 2006.

5. Westar Energy, Inc.; ONEOK Energy Services Company, L.P.

[Docket No. EC06-48-000]

    Take notice that on December 21, 2005, Westar Energy, Inc. and
ONEOK Energy Services Company, L.P. (collectively, Applicants), filed
with the Federal Energy Regulatory Commission an application pursuant
to section 203 of the Federal Power Act for authorization for the
disposition of jurisdictional assets related to ONEOK ESC's proposed:
(1) Sale to Westar Energy of an approximately 300 MW single cycle
combustion turbine generating facility and associated transmission
facilities located in Logan County, Oklahoma; and (2) transfer to
Westar Energy of a wholesale power sales contract that gives the
Oklahoma Municipal Power Authority the right to purchase up to 75 MW of
the output of the Facility, all as more fully described in the
Application. The Applicants have requested confidential treatment of
the

asset purchase agreement related to the proposed transaction and
certain workpapers supporting the Application.
    Comment Date: 5 p.m. eastern time on January 13, 2006.

6. Atlantic City Electric Company; Duquesne Light Holdings, Inc.

[Docket No. EC06-49-000]

    Take notice that on December 23, 2005, Atlantic City Electric
Company and Duquesne Light Holdings, Inc. (collectively, Applicants)
pursuant to section 203 of the Federal Power Act, request authorization
for Atlantic to transfer to DL Holdings or to one or more of its direct
or indirect wholly-owned subsidiaries minority undivided interest in
certain facilities associated with the Keystone Electric Generating
Station and the Conemaugh Electric Generating Station.
    Comment Date: 5 p.m. eastern time on January 17, 2006.

7. Hardee Power Partners Limited

[Docket No. EG06-22-000]

    Take notice that on December 15, 2005, Hardee Power Partners
Limited filed with the Commission an application for redetermination of
exempt wholesale generator status pursuant to part 365 of the
Commission's regulations.
    Comment Date: 5 p.m. eastern time on January 5, 2006.

8. Sweetwater Wind 3 LLC

[ Docket No. EG06-23-000]

    Take notice that on December 20, 2005, Sweetwater Wind 3 LLC, a
Delaware limited liability company (SWW3), filed with the Federal
Energy Regulatory Commission an application for determination of exempt
wholesale generator status pursuant to part 365 of the Commission's
regulations.
    SWW3 states that it intends to operate a 135-MW wind powered
generation facility currently under construction near Sweetwater, Nolan
County, Texas. SWW3 further states that when completed, the electric
energy produced by the facility will be sold into the wholesale power
market of the Electric Reliability Council of Texas and is expected to
begin commercial operation by December 31, 2005.
    Comment Date: 5 p.m. eastern time on January 11, 2006.

9. Elkem Metals Company--Alloy L.P.

[Docket No. EG06-24-000]

    Take notice that on December 20, 2005, Elkem Metals Company--Alloy
L.P. submits for filing its application for determination of exempt
wholesale generator status.
    Comment Date: 5 p.m. eastern time on January 11, 2006.

10. Granite State Hydropower Association, Inc. and Vermont Independent
Power Producers Assoc.

[Docket No. EL06-26-000]

    Take notice that on December 12, 2005, Granite State Hydropower
Association, Inc. and Vermont Independent Power Producers Association
(collectively, Petitioners) tendered for filing a Petition for
Rulemaking seeking Commission action to promulgate regulations
governing the procedures by which traditional utilities may seek to
eliminate the mandatory purchase obligation required by the Public
Utilities Regulatory Policies Act of 1978 as permitted by new section
210(m) of PURPA enacted as part of the Energy Policy Act of 2005.
    Comment Date: 5 p.m. eastern time on January 31, 2006.

11. City of Vernon, California

[Docket No. EL06-32-000]

    Take notice that on December 15, 2005, the City of Vernon,
California (Vernon) tendered for filing its revision to its
Transmission Revenue Balancing Account Adjustment to be effective in
calendar year 2006. Vernon request an effective date of January 1,
2006.
    Comment Date: 5 p.m. eastern time on January 5, 2006.

12. City of Banning, California

[Docket No. EL06-33-000]

    Take notice that on December 16, 2005, the City of Banning,
California (Banning) tendered for filing its third annual revision to
its Transmission Revenue Balancing Account Adjustment. Banning request
an effective date of January 1, 2006.
    Comment Date: 5 p.m. eastern time on January 6, 2006.

13. City of Pasadena, California

[Docket No. EL06-34-000]

    Take notice that on December 21, 2005, the City of Pasadena,
California (Pasadena), tendered for filing its first annual revision to
its Transmission Revenue Balancing Account Adjustment. Pasadena request
an effective date as January 1, 2006.
    Comment Date: 5 p.m. eastern time on January 11, 2006.

14. Tampa Electric Company; TECO EnergySource, Inc.; Tampa Electric
Co., et al.

[Docket Nos. ER99-2342-008; ER96-1563-025; EL05-68-002]

    Take notice that on December 19, 2005, Tampa Electric Co., TECO
EnergySource, Inc. and Tampa Electric Co. et al., tender for filing
their acceptance of the mitigation and conditions imposed in the
November 17 Order plus revision to Tampa Electric's market-based rate
tariffs, FERC Electric Tariff, Original Volume Nos. 5 and 6.
    Comment Date: 5 p.m. eastern time on January 9, 2006.

15. New York Independent System Operator Inc.

[Docket No. ER01-3001-013]

    Take notice that on December 15, 2005, the New York Independent
System Operator, Inc. (NYISO) submits its sixth Biannual report on
Demand Response Programs and status of new generation resources in the
New York Control Area.
    Comment Date: 5 p.m. eastern time on January 5, 2006.

16. North American Energy Credit and Clearing-Delivery LLC

[No. ER06-326-000]

    Take notice that on December 13, 2005, North American Energy Credit
and Clearing-Delivery LLC petition the Commission for acceptance of
Rate Schedule FERC No. 1, the granting of certain blanket approvals,
including the authority to sell electricity at market-based rates; and
the waiver of certain Commission regulations.
    Comment Date: 5 p.m. eastern time on January 5, 2006.

17. Morenci Water & Electric Company

[Docket No. OA04-2-000]

    Take notice that on December 13, 2005, Morenci Water & Electric
Company states that it is not a public utility under section 201(e) of
the Federal Power Act and, thus, not subject to regulation of filing
Form 1 and Form 3-Q and not subject to recordkeeping or reporting
requirements.
    Comment Date: 5 p.m. eastern time on January 6, 2006.

Standard Paragraph

    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>.

Nora E. Donovan,
Acting Secretary.
[FR Doc. E5-8301 Filed 1-4-06; 8:45 am]

BILLING CODE 6717-01-P