[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10189-10192]
[FR Doc No: 2015-03812]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74303; File No. SR-NASDAQ-2014-127]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change Relating to the Listing and
Trading of the Shares of the Tuttle Tactical Management U.S. Core ETF
of ETFis Series Trust I

February 19, 2015.

I. Introduction

    On December 19, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade the shares (``Shares'') of the
Tuttle Tactical Management U.S. Core ETF (``Fund'') under Nasdaq Rule
5735. The proposed rule change was published for comment in the Federal
Register on January 6, 2015.\3\ The Commission received no comments on
the proposal. This order grants approval of the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 73960 (Dec. 30,
2014), 80 FR 540 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund under
Nasdaq Rule 5735, which governs the listing and trading of Managed Fund
Shares on the Exchange. The Shares will be offered by ETFis Series
Trust I (``Trust''), which is registered with the Commission as an
investment company.\4\ The Fund is a series of the Trust.
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    \4\ According to the Exchange, the Trust has filed a
registration statement on Form N-1A (``Registration Statement'')
with the Commission. See Registration Statement on Form N-1A for the
Trust filed on July 24, 2014 (File Nos. 333-187668 and 811-22819).
In addition, the Exchange states that the Trust has obtained certain
exemptive relief under the 1940 Act. See Investment Company Act
Release No. 30607 (July 23, 2013) (``Exemptive Order'').
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    Etfis Capital LLC will be the investment adviser (``Adviser''), and
Tuttle Tactical Management, LLC will be the investment sub-adviser
(``Sub-Adviser''), to the Fund. ETF Distributors LLC will be the
principal underwriter and distributor of the Fund's Shares, and Bank of
New York Mellon will act as the administrator, accounting agent,
custodian, and transfer agent to the Fund.
    The Exchange represents that the Adviser and Sub-Adviser are not
registered as broker-dealers, and the Sub-Adviser it not affiliated
with a broker-dealer; however, the Exchange represents that the Adviser
is affiliated with a broker-dealer. The Exchange states that the
Adviser has implemented a fire wall with respect to its broker dealer
affiliate regarding access to information concerning the composition of
or changes to the portfolio.\5\ The Exchange also represents that the
Shares will be subject to Nasdaq Rule 5735, which sets forth the
initial and continued listing criteria applicable to Managed Fund
Shares, and that for initial and continued listing, the Fund must be in
compliance with Rule 10A-3 under the Act.\6\
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    \5\ See Nasdaq Rule 5735(g). The Exchange states that, in the
event (a) the Adviser or the Sub-Adviser becomes newly affiliated
with a broker-dealer or registers as a broker-dealer, or (b) any new
adviser or sub-adviser is a registered broker-dealer or becomes
affiliated with a broker-dealer, the Adviser, the Sub-Adviser, or
any new adviser or sub-adviser, as the case may be, will implement a
fire wall with respect to its relevant personnel and its broker-
dealer affiliate, as applicable, regarding access to information
concerning the composition of or changes to the portfolio, and will
be subject to procedures designed to prevent the use and
dissemination of material, non-public information regarding the
portfolio.
    \6\ See 17 CFR 240.10A-3.
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    The Exchange has made the following representations and statements
in describing the Fund and its investment strategy, including, among
other things, portfolio holdings and investment restrictions.

A. Principal Investments of the Fund

    According to the Exchange, the Fund's investment objective will be
to provide long-term capital appreciation, while maintaining a
secondary emphasis on capital preservation, primarily through
investments in the U.S. equity market. The Sub-Adviser will employ four
tactical models in seeking to achieve the Fund's investment objective:
``S&P 500 Absolute Momentum,'' ``Relative Strength Equity,'' ``Beta
Opportunities,'' and ``Short-Term S&P 500 Counter Trend.'' While the
Sub-Adviser will generally seek to maintain an equal weighting among
these four tactical models, market movements may result in the Fund
being overweight or underweight one or more of the tactical models. The
Fund will be an actively managed exchange-traded fund (``ETF'') that
seeks to achieve its investment objective by utilizing a long-only,
multi-strategy, tactically-managed exposure to the U.S. equity market.
To obtain such exposure, the Sub-Adviser will invest, under normal
circumstances, not less

than 80% of the Fund's assets in: (1) Other ETFs; \7\ (2) exchange-
traded notes (``ETNs''); \8\ (3) exchange-traded trusts that hold
commodities (``ETTs,'' and together with ETFs and ETNs, collectively,
``ETPs''); (4) individually selected U.S. exchange-traded common stocks
(when the Sub-Adviser determines that it is more efficient or otherwise
advantageous to do so); (5) money market funds; (6) U.S. treasuries; or
(7) money market instruments.\9\ To the extent that the Fund invests in
ETFs or money market funds to gain domestic exposure, the Fund is
considered, in part, a ``fund of funds.''
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    \7\ The Exchange states that ETFs included in the Fund will be
listed and traded in the U.S. on registered exchanges. The Fund may
invest in the securities of ETFs in excess of the limits imposed
under the 1940 Act pursuant to exemptive orders obtained by other
ETFs and their sponsors from the Commission. The ETFs in which the
Fund may invest include Index Fund Shares (as described in Nasdaq
Rule 5705), Portfolio Depositary Receipts (as described in Nasdaq
Rule 5705), and Managed Fund Shares (as described in Nasdaq Rule
5735). While the Fund may invest in leveraged ETFs (e.g., 2X or 3X),
the Fund will not invest in inverse or inverse leveraged ETFs. The
shares of ETFs in which a Fund may invest will be limited to
securities that trade in markets that are members of the Intermarket
Surveillance Group (``ISG''), which includes all U.S. national
securities exchanges, or are parties to a comprehensive surveillance
sharing agreement with the Exchange.
    \8\ The Exchange represents that ETNs will be limited to those
described in Nasdaq Rule 5710.
    \9\ According to the Exchange, money market instruments will
include securities that are issued or guaranteed by the U.S.
Treasury, by various agencies of the U.S. government, or by various
instrumentalities that have been established or sponsored by the
U.S. government. U.S. Treasury obligations are backed by the ``full
faith and credit'' of the U.S. government. Securities issued or
guaranteed by federal agencies and U.S. government-sponsored
instrumentalities may or may not be backed by the full faith and
credit of the U.S. government.
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B. Other Investments of the Fund

    In order to seek its investment objective, the Fund will not employ
other strategies outside of the above-described ``Principal
Investments.'' However, the Fund may, from time to time, take temporary
defensive positions that are inconsistent with the Fund's principal
investment strategies in an attempt to respond to adverse market,
economic, political, or other conditions. In such circumstances, the
Fund may also hold up to 100% of its portfolio in cash or other short-
term, highly liquid investments, such as money market instruments, U.S.
government obligations, commercial paper, repurchase agreements, or
other cash equivalents. When the Fund takes a temporary defensive
position, the Fund may not be able to achieve its investment objective.

C. Investment Restrictions of the Fund

    As stated above, the Fund will invest not less than 80% of its
total assets in shares of ETPs, individually selected U.S. exchange-
traded common stocks (when the Sub-Adviser determines that it is more
efficient or otherwise advantageous to do so), money market funds, U.S.
treasuries, or money market instruments. The Fund will not purchase
securities of open-end or closed-end investment companies except in
compliance with the 1940 Act. In addition, the Fund will not use
derivative instruments, including options, swaps, forwards, and futures
contracts, either listed or over-the-counter. Under normal
circumstances, the Fund will not invest more than 25% of its total
assets in leveraged ETPs. The Fund does not presently intend to engage
in any form of borrowing for investment purposes, and will not be
operated as a ``leveraged ETF,'' i.e., it will not be operated in a
manner designed to seek a multiple of the performance of an underlying
reference index.
    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities and other illiquid assets (calculated at
the time of investment). The Fund will monitor its portfolio liquidity
on an ongoing basis to determine whether, in light of current
circumstances, an adequate level of liquidity is being maintained, and
will consider taking appropriate steps in order to maintain adequate
liquidity if, through a change in values, net assets, or other
circumstances, more than 15% of the Fund's net assets are held in
illiquid securities or other illiquid assets. Illiquid securities and
other illiquid assets include securities subject to contractual or
other restrictions on resale and other instruments that lack readily
available markets, as determined in accordance with Commission staff
guidance.
    Additional information regarding the Trust, Fund, and Shares,
including investment strategies and restrictions, risks, creation and
redemption procedures, fees, portfolio holdings disclosure policies,
distributions and taxes, calculation of net asset value per share
(``NAV''), availability of information, trading rules and halts, and
surveillance procedures, among other things, can be found in the
Notice, Registration Statement, and Exemptive Order, as applicable.\10\
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    \10\ See Notice, supra note 3; see also Registration Statement
and Exemptive Order, supra note 4.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act \11\
and the rules and regulations thereunder applicable to a national
securities exchange.\12\ In particular, the Commission finds that the
proposed rule change is consistent with the requirements of Section
6(b)(5) of the Act,\13\ which requires, among other things, that the
Exchange's rules be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
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    \11\ 15 U.S.C. 78(f).
    \12\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\14\ which sets forth the finding of Congress that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be available via Nasdaq
proprietary quote and trade services, as well as in accordance with the
Unlisted Trading Privileges and the Consolidated Tape Association plans
for the Shares and any underlying ETPs.\15\ In addition, the Intraday
Indicative Value (as defined in Nasdaq Rule 5735(c)(3)), which will be
based upon the current value of the components of the Disclosed
Portfolio (as defined in Nasdaq Rule 5735(c)(2)), will be available on
the NASDAQ OMX Information LLC proprietary index data service \16\ and
will be updated and widely disseminated and broadly displayed at least
every 15 seconds during the Regular Market Session.\17\ On each
business day, before

commencement of trading in Shares in the Regular Market Session on the
Exchange, the Fund will disclose on its Web site the Disclosed
Portfolio, which will form the basis for the Fund's calculation of NAV
at the end of the business day.\18\ The NAV of the Fund will be
determined once each business day, normally as of the close of trading
on the New York Stock Exchange (normally 4:00 p.m. Eastern time or
``E.T.'').\19\ Information regarding market price and volume of the
Shares will be continually available on a real-time basis throughout
the day on brokers' computer screens and other electronic services.\20\
Information regarding the previous day's closing price and trading
volume information for the Shares will be published daily in the
financial section of newspapers.\21\ Price information regarding the
ETPs, equity securities, U.S. treasuries, money market instruments, and
money market funds held by the Fund will be available through the U.S.
exchanges trading such assets, in the case of exchange-traded
securities, as well as automated quotation systems, published or other
public sources, or on-line information services such as Bloomberg or
Reuters.\22\ Intra-day price information will also be available through
subscription services, such as Bloomberg, Markit, and Thomson Reuters,
which can be accessed by authorized participants and other
investors.\23\ In addition, BNY Mellon, through the National Securities
Clearing Corporation, will also make available on each business day,
prior to the opening of business of the Exchange (currently 9:30 a.m.,
E.T.), the list of the names and the quantity of each security to be
included (based on information at the end of the previous business
day), subject to any adjustments as described below, in order to effect
redemptions of Creation Unit aggregations of the Fund until such time
as the next-announced composition of the Fund Securities is made
available.\24\ The Fund's Web site will include a form of the
prospectus for the Fund and additional data relating to NAV and other
applicable quantitative information.\25\
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    \14\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \15\ See Notice, supra note 3, 80 FR at 544.
    \16\ According to the Exchange, the NASDAQ OMX Global Index Data
Service offers real-time updates, daily summary messages, and access
to widely followed indexes and Intraday Indicative Values for ETFs.
See id., 80 FR at 543.
    \17\ See id.
    \18\ On a daily basis, the Disclosed Portfolio will include each
portfolio security and other financial instruments of the Fund with
the following information on the Fund's Web site: (1) ticker symbol
(if applicable); (2) name of security and financial instrument; (3)
number of shares (if applicable); (4) dollar value of securities and
financial instruments held in the Fund; and (5) percentage weighting
of the security and financial instrument in the Fund. The Web site
information will be publicly available at no charge. See id.
    \19\ See id., 80 FR at 542. The Exchange notes that, for
purposes of calculating NAV, the Fund's investments will be valued
at market value (i.e., the price at which a security is trading and
could presumably be purchased or sold) or, in the absence of market
value with respect to any investment, at fair value in accordance
with valuation procedures adopted by the Board and in accordance
with the 1940 Act. Common stocks and equity securities (including
shares of ETPs) will be valued at the last sales price on that
exchange. Portfolio securities traded on more than one securities
exchange will be valued at the last sale price or, if so
disseminated by an exchange, the official closing price, as
applicable, at the close of the exchange representing the principal
exchange or market for such securities on the business day as of
which such value is being determined. U.S. Treasuries are valued
using quoted market prices, and money market funds are valued at the
net asset value reported by the funds. For all security types in
which the Fund may invest, the Fund's primary pricing source is IDC;
its secondary source is Reuters; and its tertiary source is
Bloomberg.
    \20\ See id., 80 FR at 544.
    \21\ See id.
    \22\ See id., 80 FR at 543.
    \23\ See id.
    \24\ See id., 80 FR at 542.
    \25\ See id., 80 FR at 543.
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    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV will be
calculated daily and that the NAV and the Disclosed Portfolio will be
made available to all market participants at the same time.\26\
Further, trading in the Shares will be subject to Nasdaq 5735(d)(2)(D),
which sets forth circumstances under which trading in the Shares may be
halted.\27\ The Exchange also may halt trading in the Shares if trading
is not occurring in the securities or the financial instruments
constituting the Disclosed Portfolio or if other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present.\28\ Further, the Commission notes that the
Reporting Authority that provides the Disclosed Portfolio must
implement and maintain, or be subject to, procedures designed to
prevent the use and dissemination of material, non-public information
regarding the actual components of the portfolio.\29\ The Exchange
states that it has a general policy prohibiting the distribution of
material, non-public information by its employees.\30\ The Exchange
also states that the Adviser is affiliated with a broker-dealer, and
that the Adviser has implemented a fire wall with respect to its
broker-dealer affiliate regarding access to information concerning the
composition of or changes to the portfolio.\31\ The Financial Industry
Regulatory Authority (``FINRA''), on behalf of the Exchange, will
communicate as needed regarding trading in the Shares and other
exchange-traded securities and instruments held by the Fund with other
markets and other entities that are ISG members, and FINRA, on behalf
of the Exchange, may obtain trading information regarding trading in
the Shares and other exchange-traded securities and instruments held by
the Fund from such markets and other entities. In addition, the
Exchange may obtain information regarding trading in the Shares and
other exchange-traded securities and instruments held by the Fund from
markets and other entities that are members of ISG or with which the
Exchange has in place a comprehensive surveillance sharing
agreement.\32\
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    \26\ See id. at 544.
    \27\ See id.
    \28\ See id. See also Nasdaq Rule 5735(d)(2)(C) (providing
additional considerations for the suspension of trading in or
removal from listing of Managed Fund Shares on the Exchange). With
respect to trading halts, the Exchange may consider all relevant
factors in exercising its discretion to halt or suspend trading in
the Shares of the Fund. Nasdaq will halt or pause trading in the
Shares under the conditions specified in Nasdaq Rules 4120 and 4121,
including the trading pauses under Nasdaq Rules 4120(a)(11) and
(12). Trading also may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the
Shares inadvisable. See Notice, supra note 3, 80 FR at 544.
    \29\ See Nasdaq Rule 5735(d)(2)(B)(ii).
    \30\ See Notice, supra note 3, 80 FR at 544.
    \31\ See supra note 5 and accompanying text. The Exchange
further represents that an investment adviser to an open-end fund is
required to be registered under the Investment Advisers Act of 1940
(``Advisers Act''). As a result, the Adviser, the Sub-Adviser, and
their related personnel are subject to the provisions of Rule 204A-1
under the Advisers Act relating to codes of ethics. This Rule
requires investment advisers to adopt a code of ethics that reflects
the fiduciary nature of the relationship to clients as well as
compliance with applicable federal securities laws as defined in
Rule 204A-1(e)(4). Accordingly, procedures designed to prevent the
communication and misuse of nonpublic information by an investment
adviser must be consistent with Rule 204A-1 under the Advisers Act.
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful
for an investment adviser to provide investment advice to clients
unless such investment adviser has (i) adopted and implemented
written policies and procedures reasonably designed to prevent
violation, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
    \32\ For a list of the current members of ISG, see
www.isgportal.org.
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    The Exchange represents that it deems the Shares to be equity
securities, thus rendering trading in the Shares subject

to the Exchange's existing rules governing the trading of equity
securities. In support of this proposal, the Exchange has also made the
following representations:
    (1) The Shares will be subject to Rule 5735, which sets forth the
initial and continued listing criteria applicable to Managed Fund
Shares.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) Prior to the commencement of trading, the Exchange will inform
its members in an Information Circular of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Circular will discuss the following: (a) The procedures for
purchases and redemptions of Shares in Creation Units (and that Shares
are not individually redeemable); (b) Nasdaq Rule 2111A, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (c) how information regarding
the Intraday Indicative Value and Disclosed Portfolio is disseminated;
(d) the risks involved in trading the Shares during the Pre-Market and
Post-Market Sessions when an updated Intraday Indicative Value will not
be calculated or publicly disseminated; (e) the requirement that
members deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (f) trading information.
    (4) Trading in the Shares will be subject to the existing trading
surveillances, administered by both Nasdaq and FINRA,\33\ on behalf of
the Exchange. The trading surveillance procedures are designed to
detect violations of Exchange rules and applicable federal securities
laws. These procedures are adequate to properly monitor Exchange
trading of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.
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    \33\ According to the Exchange, FINRA surveils trading on the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement. See Notice, supra note 3, 80 FR at 544.
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    (5) For initial and continued listing, the Fund must be in
compliance with Rule 10A-3 under the Act.\34\
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    \34\ 17 CFR 240.10A-3.
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    (6) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.
    (7) The Fund will invest at least 80% of its assets under normal
market conditions in shares of ETPs, individually selected U.S.
exchange-traded common stocks (when the Sub-Adviser determines that it
is more efficient or otherwise advantageous to do so), money market
funds, U.S. treasuries, or money market instruments. In order to seek
its investment objective, the Fund will not employ other strategies
outside of the above-described ``Principal Investments.''
    (8) The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment) and
will monitor its portfolio liquidity on an ongoing basis to determine
whether, in light of current circumstances, an adequate level of
liquidity is being maintained. The Fund will consider taking
appropriate steps in order to maintain adequate liquidity if, through a
change in values, net assets, or other circumstances, more than 15% of
the Fund's net assets are held in illiquid assets.
    (9) While the Fund may invest in leveraged ETFs (e.g., 2X or 3X),
the Fund will not invest in inverse or inverse leveraged ETFs. Under
normal circumstances, the Fund will not invest more than 25% of its
total assets in leveraged ETPs. The Fund will not be operated in a
manner designed to seek a multiple of the performance of an underlying
reference index.
    (10) The Fund will not use derivative instruments, including
options, swaps, forwards, and futures contracts.
    (11) The Fund's investments will be consistent with the Fund's
investment objective.
    The Commission notes that the Fund and the Shares must comply with
the requirements of Nasdaq Rule 5735 to be initially and continuously
listed and traded on the Exchange. This approval order is based on all
of the Exchange's representations and description of the Fund,
including those set forth above and in the Notice.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\35\ that the proposed rule change (SR-NASDAQ-2014-127), be, and it
hereby is, approved.
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    \35\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
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    \36\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03812 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P


such State) listed in Sec.  52.38(b)(2)(iii)(B) of this chapter; or
    (C) The calendar quarter covering August 4, 2023, through June 30,
2023, for a unit in a State (and Indian country within the borders of
such State) listed in Sec.  52.38(b)(2)(iii)(C) of this chapter;
* * * * *
[FR Doc. 2023-05744 Filed 6-2-23; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Proposed Rules]
[Pages 73265-73268]
[FR Doc No: 2023-23516]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2001; Project Identifier MCAI-2023-00666-T]
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: The FAA proposes to supersede Airworthiness Directive (AD)
2021-20-13, which applies to certain Bombardier, Inc., Model CL-600-
2B16 (604 Variant) airplanes. AD 2021-20-13 requires repetitive
lubrication and repetitive detailed visual inspections (DVI) and non-
destructive test (NDT) inspections of the main landing gear (MLG) shock
strut lower pins, and replacement if necessary. Since the FAA issued AD
2021-20-13, Bombardier, Inc. developed a new design solution for this
potential failure. This proposed AD would continue to require the
lubrication and inspections specified in AD 2021-20-13 until the MLG
shock strut assembly is modified by replacing the trailing arm bushing
and installing new dynamic joint components. The FAA is proposing this
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December
11, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2001; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 2A3, Canada; North America toll-free telephone 1-866-538-1247 or
direct-dial telephone 1-514-855-2999; email<EMAIL_ADDRESS>
website bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2001; Project Identifier
MCAI-2023-00666-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA issued AD 2021-20-13, Amendment 39-21751 (86 FR 57033,
October 14, 2021) (AD 2021-20-13), for certain Bombardier, Inc., CL-
600-2B16 (604 Variant) airplanes. AD 2021-20-13 was prompted by an MCAI
originated by Transport Canada, which is the aviation authority for
Canada. Transport Canada issued AD CF-2020-54R1, dated December 23,
2020 (Transport Canada AD CF-2020-54R1), to correct an unsafe condition
identified as cracking of the MLG shock strut lower pin part number
19146-3. Transport Canada AD CF-2020-54R1 states that friction torque,
when the shock strut is under compression loading, causes the pin anti-
rotation tangs to become loaded beyond their load carrying capability.
According to Transport Canada, this overload condition can result in
pin fracture originating at the base of the pin anti-rotation tang and
is aggravated by inadequate lubrication.
    AD 2021-20-13 requires repetitively lubricating, repetitively
inspecting (DVI and NDT inspections for cracking and damage, including
fracture of the MLG shock strut lower pin at the pin rotation tang
location), and replacing the MLG shock strut lower pin if there is any

cracking or damage as a result of the inspections. The FAA issued AD
2021-20-13 to address cracking of the MLG shock strut lower pin. If not
addressed, this condition could result in structural failure of one or
both MLG.

Actions Since AD 2021-20-13 Was Issued

    Since the FAA issued AD 2021-20-13, Transport Canada superseded
Transport Canada AD CF-2020-54R1 and issued Transport Canada AD CF-
2023-32, dated May 9, 2023 (referred to after this as ``the MCAI'').
The MCAI states there is a new design solution for this potential
failure of the shock strut lower pin, which involves replacing the
training arm bushings at the attachment and reassembly of the MLG shock
strut assembly to training arm assembly joint with new dynamic joint
components. As a result, the MCAI requires this new design as
terminating action for the requirements of Transport Canada AD CF-2020-
54R1.
    Bombardier, Inc. also reduced the range of one group of applicable
aircraft from serial numbers 6050 through 6999 to 6050 through 6188.
Bombardier, Inc. advises that subsequent aircraft are scheduled to have
the new design completed in production. Therefore, the FAA has revised
the applicability of this proposed AD accordingly.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-2001.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier, Inc., service information:
     Service Bulletin 604-32-031, dated December 29, 2022.
     Service Bulletin 605-32-008, dated December 29, 2022.
     Service Bulletin 650-32-005, dated December 29, 2022.
    This service information contains procedures for disassembling the
left- and right-hand MLG shock strut and trailing arm joint, replacing
the trailing arm bushings at the attachment, and re-assembling the
joint with new dynamic joint components. These documents are distinct
since they apply to different airplane configurations.
    This proposed AD would also require the following Bombardier, Inc.,
service information, which the Director of the Federal Register
approved for incorporation by reference as of November 18, 2021 (86 FR
57033, October 14, 2021):
     Service Bulletin 604-32-030, dated June 30, 2020.
     Service Bulletin 605-32-007, dated June 30, 2020.
     Service Bulletin 650-32-004, dated June 30, 2020.
    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

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining that unsafe condition described previously is likely
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2021-
20-13 until the MLG shock strut assembly to trailing arm assembly joint
is modified by accomplishing the actions specified in the service
information described previously.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 433 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Lubrication and inspections        7 work-hours x $85               $0  $595 per cycle.....  $257,635 per cycle.
 (retained actions from AD 2021-    per hour = $595.
 20-13).
Modification and testing (new      9 work-hours x $85            2,435  3,200..............  1,385,600.
 proposed actions).                 per hour = $765.
----------------------------------------------------------------------------------------------------------------

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

               Estimated Costs of On-Condition Replacement
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
6 work-hours x $85 per hour = $510....          $2,435           $2,945
------------------------------------------------------------------------

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 has 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) 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:
0
a. Removing Airworthiness Directive 2021-20-13, Amendment 39-21751 (86
FR 57033, October 14, 2021); and
0
b. Adding the following new Airworthiness Directive:

Bombardier, Inc.: Docket No. FAA-2023-2001; Project Identifier MCAI-
2023-00666-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 11, 2023.

(b) Affected ADs

    This AD replaces AD 2021-20-13, Amendment 39-21751 (86 FR 57033,
October 14, 2021) (AD 2021-20-13).

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (604
Variant) airplanes, serial numbers (S/N) 5301 through 5665
inclusive, 5701 through 5988 inclusive, and 6050 through 6188
inclusive, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 32, Landing
gear.

(e) Reason

    This AD was prompted by reports of cracking of the main landing
gear (MLG) shock strut lower pin. The FAA is issuing this AD to
address cracking of the MLG shock strut lower pin. The unsafe
condition, if not addressed, could result in structural failure of
one or both MLG.

(f) Compliance

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

(g) Retained Repetitive Lubrication, With Revised Applicability

    This paragraph restates the requirements of paragraph (g) of AD
2021-20-13, with revised applicability. Within 200 flight hours (FH)
or 12 months after November 18, 2021 (the effective date of AD 2021-
20-13), whichever occurs first, lubricate the left-hand (LH) and
right-hand (RH) MLG shock strut lower pins having part number (P/N)
19146-3, in accordance with paragraph 2.B., ``Part A,'' of the
Accomplishment Instructions of the applicable service bulletin, as
specified in paragraphs (g)(1) through (3) of this AD. Repeat
thereafter at intervals not to exceed 200 FH or 12 months, whichever
occurs first.
    (1) For airplanes having S/N 5301 through 5665 inclusive:
Bombardier Service Bulletin 604-32-030, dated June 30, 2020.
    (2) For airplanes having S/N 5701 through 5988 inclusive:
Bombardier Service Bulletin 605-32-007, dated June 30, 2020.
    (3) For airplanes having S/N 6050 through 6188 inclusive:
Bombardier Service Bulletin 650-32-004, dated June 30, 2020.

(h) Retained Detailed Visual Inspections (DVI), With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2021-20-13, with no changes. At the applicable compliance time
specified in paragraphs (h)(1) through (3) of this AD, perform the
DVI for cracking and damage of the LH and RH MLG shock strut lower
pins having part number (P/N) 19146-3, in accordance with paragraph
2.C., ``Part B,'' of the Accomplishment Instructions of the
applicable service bulletin, as specified in paragraphs (g)(1)
through (3) of this AD. Repeat thereafter at intervals not to exceed
400 FH or 24 months, whichever occurs first. If the DVI coincides
with a non-destructive testing (NDT) inspection required by
paragraph (i) of this AD, the NDT inspection supersedes the DVI for
that interval only. If the accumulated flight cycles (FC) of the MLG
shock strut lower pin are not known, use the related MLG assembly
accumulated FC to determine when to accomplish the actions required
by this paragraph.
    (1) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin has accumulated fewer than 600 total FC
on the pin as of November 18, 2021: Before the accumulation of 750
total FC on the pin.
    (2) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin has accumulated 600 total FC or more on
the pin as of November 18, 2021: Within 150 FC after November 18,
2021.
    (3) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued after November
18, 2021 (the effective date of AD 2021-20-13): Before the
accumulation of 750 total FC.

(i) Retained NDT Inspection, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2021-20-13, with no changes. At the applicable compliance time
specified in paragraphs (i)(1) through (4) of this AD: Perform the
NDT inspection for cracking and damage of the LH and RH MLG shock
strut lower pins having P/N 19146-3, in accordance with paragraph
2.D., ``Part C,'' of the Accomplishment Instructions of the
applicable service bulletin, as specified in paragraphs (g)(1)
through (3) of this AD. Repeat thereafter at intervals not to exceed
900 FC. If the accumulated FC of the MLG shock strut lower pin is
not known, use the related MLG assembly accumulated FC to determine
when to accomplish the actions required by this paragraph.
    (1) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin has accumulated fewer than 1,200 total
FC on the pin as of November 18, 2021: Before the accumulation of
1,500 total FC on the pin.
    (2) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin has accumulated 1,200 total FC or more
but fewer than 2,000 total FC on the pin as of November 18, 2021:
Within 300 FC after November 18, 2021, or before the accumulation of
2,200 total FC on the pin, whichever occurs first.
    (3) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin that has accumulated 2,000 total FC or
more on the pin as of November 18, 2021: Within 200 FC after
November 18, 2021.
    (4) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued after November
18, 2021 (the effective date of AD 2021-20-13): Before the
accumulation of 1,500 total FC.

(j) Retained Replacement, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2021-20-13, with no changes. If, during any inspection required by
this AD, any crack or damage of the MLG

shock strut lower pin is detected, before further flight, replace
the affected MLG shock strut lower pin with a new part in accordance
with paragraph 2.E., ``Part D,'' of the Accomplishment Instructions
of the applicable service bulletin, as specified in paragraphs
(g)(1) through (3) of this AD.

(k) New Requirement of This AD: Modification

    Within 60 months from the effective date of this AD, modify the
LH and RH MLG assembly in accordance with paragraph 2.B. of the
Accomplishment Instructions of the applicable service bulletin, as
specified in paragraphs (k)(1) through (3) of this AD.
    (1) For airplanes having S/N 5301 through 5665 inclusive:
Bombardier Service Bulletin 604-32-031, dated December 29, 2022.
    (2) For airplanes having S/N 5701 through 5988 inclusive:
Bombardier Service Bulletin 605-32-008, dated December 29, 2022.
    (3) For airplanes having S/N 6050 through 6188 inclusive:
Bombardier Service Bulletin 650-32-005, dated December 29, 2022.

(l) New Requirement of the AD: Testing

    Before further flight after completing paragraph (k) of this AD,
perform the testing of the MLG shock strut assembly to trailing arm
assembly joint in accordance with paragraph 2.C. of the
Accomplishment Instructions of the applicable service bulletin, as
specified in paragraphs (k)(1) through (3) of this AD.

(m) Terminating Action

    Modifying and testing an airplane as required by paragraphs (k)
and (l) of this AD terminates the initial and repetitive lubrication
and inspections required by paragraphs (g), (h), and (i) of this AD
for that airplane.

(n) Additional AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (o)(2) of this AD or email to: [email protected]. If mailing information, also submit information by
email. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada; or Bombardier, Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(o) Additional Information

    (1) Refer to Transport Canada AD CF-2023-32, dated May 9, 2023,
for related information. This Transport Canada AD may be found in
the AD docket at regulations.gov under Docket No. FAA-2023-2001.
    (2) For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) Bombardier Service Bulletin 604-32-031, dated December 29,
2022.
    (ii) Bombardier Service Bulletin 605-32-008, dated December 29,
2022.
    (iii) Bombardier Service Bulletin 650-32-005, dated December 29,
2022.
    (4) The following service information was approved for IBR on
November 18, 2021 (86 FR 57033, October 14, 2021).
    (i) Bombardier Service Bulletin 604-32-030, dated June 30, 2020.
    (ii) Bombardier Service Bulletin 605-32-007, dated June 30,
2020.
    (iii) Bombardier Service Bulletin 650-32-004, dated June 30,
2020.
    (5) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>website bombardier.com.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 19, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-23516 Filed 10-24-23; 8:45 am]
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[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Notices]
[Page 20527]
[DOCID:fr25ap07-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-320-000]

Colorado Interstate Gas Company; Notice of Technical Conference

April 19, 2007.
    Take notice that the Commission will convene a technical conference
in the above-referenced proceeding on Tuesday, May 8, 2007, at 10 a.m.
(EDT), in a room to be designated at the offices of the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The Commission's March 30, 2007 Order \1\ directed that a technical
conference be held to address the issues raised by Colorado Interstate
Gas Company's (CIG), February 28, 2007 tariff filing to reflect a
quarterly adjustment to its lost and unaccounted-for (L&U) and other
fuel gas reimbursement percentage.
---------------------------------------------------------------------------

    \1\ Colorado Interstate Gas Co., 118 FERC ] 61,265 (2007).
---------------------------------------------------------------------------

    Commission Staff and parties will have the opportunity to discuss
all of the issues raised by CIG's filing including, but not limited to,
technical, engineering and operational issues, CIG's justification and
support for inclusion of the costs associated with the gas lost at the
Fort Morgan storage field, and issues related to the interpretation and
applicability of tariff provisions governing L&U and other fuel gas and
liability for losses.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    All interested persons are permitted to attend. For further
information please contact Debbie-Anne Reese at<PHONE_NUMBER> or e-
mail<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
 [FR Doc. E7-7864 Filed 4-24-07; 8:45 am]

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[Federal Register: December 19, 2006 (Volume 71, Number 243)]
[Notices]
[Page 75959]
[DOCID:fr19de06-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-195-000]

Locust Ridge Wind Farm, LLC; Notice of Issuance of Order

December 12, 2006.
    Locust Ridge Wind Farm, LLC (Locust Ridge) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy,
capacity and ancillary services at market-based rates. Locust Ridge
also requested waivers of various Commission regulations. In
particular, Locust Ridge requested that the Commission grant blanket
approval under 18 CFR part 34 of all future issuances of securities and
assumptions of liability by Locust Ridge.
    On December 12, 2006, pursuant to delegated authority, the
Director, Division of Tariffs and Market Development--West, granted the
requests for blanket approval under Part 34. The Director's order also
stated that the Commission would publish a separate notice in the
Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard or to protest
the blanket approvals of issuances of securities or assumptions of
liability by Locust Ridge should file a motion to intervene or protest
with the Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is January 11, 2007.
    Absent a request to be heard in opposition by the deadline above,
Locust Ridge is authorized to issue securities and assume obligations
or liabilities as a guarantor, indorser, surety, or otherwise in
respect of any security of another person; provided that such issuance
or assumption is for some lawful object within the corporate purposes
of Locust Ridge, compatible with the public interest, and is reasonably
necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Locust Ridge's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
[FR Doc. E6-21552 Filed 12-18-06; 8:45 am]

BILLING CODE 6717-01-P