[Federal Register: October 29, 2010 (Volume 75, Number 209)]
[Rules and Regulations]
[Page 66659-66665]
[DOCID:fr29oc10-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0680; Directorate Identifier 2008-NM-195-AD;
Amendment 39-16482; AD 2010-22-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A310 Series Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Analysis performed in the frame of the Extended Service Goal has
led Airbus to modify the inspection programme [modification of
thresholds, intervals and associated configurations] which is
currently required by DGAC (Direction G[eacute]n[eacute]rale de
l'Aviation Civile) France AD F-2005-001.
    This modified inspection programme is necessary to detect and
prevent damage associated with a structural fatigue phenomenon of
the rear spar internal angle and the tee fitting located in the
centre wing box. This condition, if not corrected, could affect the
structural integrity of the centre wing box.
* * * * *
    The unsafe condition is reduced structural integrity of the wings.
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective December 3, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 3,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 13, 2010 (75 FR
39863), and proposed to supersede AD 2006-09-05, Amendment 39-14575 (71
FR 25921, May 3, 2006). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:

    Analysis performed in the frame of the Extended Service Goal has
led Airbus to modify the inspection programme [modification of
thresholds, intervals and associated configurations] which is
currently required by DGAC (Direction G[eacute]n[eacute]rale de
l'Aviation Civile) France AD F-2005-001 [which corresponds to FAA AD
2006-09-05].
    This modified inspection programme is necessary to detect and
prevent damage associated with a structural fatigue phenomenon of
the rear spar internal angle and the tee fitting located in the
centre wing box. This condition, if not corrected, could affect the
structural integrity of the centre wing box.
    For the reason stated above, this new EASA AD retains the
requirements of DGAC France AD F-2005-001, which is superseded, and
refers to the latest revision of Airbus Service Bulletin (SB) A310-
57-2047.

    The unsafe condition is reduced structural integrity of the wings.
This AD retains the requirements of AD 2006-09-05, but with certain
reduced compliance times. The required actions include doing repetitive
rotating probe inspections for any crack of the rear spar internal
angle and the left and right sides of the tee fitting, and doing
related investigative/corrective actions if necessary. The actions also
include modifying the holes in the internal angle and tee fitting by
cold expansion. You may obtain further information by examining the
MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 66 products of U.S. registry.
    The actions that are required by AD 2006-09-05 and retained in this
AD take up to 600 work-hours per product, at an average labor rate of
$85 per work hour. Required parts cost up to $38,900 per product. Based
on these figures, the estimated cost of the currently required actions
is up to $89,900 per product.
    This new AD adds no new costs to affected operators; the
manufacturer has modified the inspection program currently required by
AD 2006-09-05. This AD reduces the compliance times required by the
existing AD.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-14575 (71 FR
25921, May 3, 2006) and adding the following new AD:

2010-22-03 Airbus: Amendment 39-16482. Docket No. FAA-2010-0680;
Directorate Identifier 2008-NM-195-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
3, 2010.

Affected ADs

    (b) This AD supersedes AD 2006-09-05, Amendment 39-14575. This
AD also affects certain requirements of AD 98-26-01, Amendment 39-
10942.

Applicability

    (c) This AD applies to all Airbus Model A310-203, -204, -221, -
222, -304, -322,

-324, and -325 airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Analysis performed in the frame of the Extended Service Goal has
led Airbus to modify the inspection programme [modification of
thresholds, intervals and associated configurations] which is
currently required by DGAC (Direction G[eacute]n[eacute]rale de
l'Aviation Civile) France AD F-2005-001 [which corresponds to FAA AD
2006-09-05].
    This modified inspection programme is necessary to detect and
prevent damage associated with a structural fatigue phenomenon of
the rear spar internal angle and the tee fitting located in the
centre wing box. This condition, if not corrected, could affect the
structural integrity of the centre wing box.
* * * * *
    The unsafe condition is reduced structural integrity of the
wings.

Compliance

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

Restatement of Certain Requirements of AD 2006-09-05

Modification

    (g) For all airplanes except those that are modified by Airbus
Modifications 06672S6812, 06673S6813, and 07387S7974 in production:
Within 60 months after June 7, 2006 (the effective date of AD 2006-
09-05), modify the holes in the internal angle and tee fitting and
do all applicable related investigative and corrective actions by
accomplishing all the actions specified in the Accomplishment
Instructions of Airbus Service Bulletin A310-57-2035, Revision 08,
dated September 19, 2005; or Airbus Mandatory Service Bulletin A310-
57-2035, Revision 10, dated March 25, 2008; except as required by
paragraph (h) of this AD. Do all applicable related investigative
and corrective actions before further flight. As of the effective
date of this AD, use only Airbus Mandatory Service Bulletin A310-57-
2035, Revision 10, dated March 25, 2008.

Contact the FAA

    (h) Where the service information specified in Table 1 of this
AD specifies to contact the manufacturer if certain cracks are
found, before further flight, repair those conditions according to a
method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or its delegated
agent); or EASA (or its delegated agent).

                      Table 1--Service Information
------------------------------------------------------------------------
            Document              Revision              Date
------------------------------------------------------------------------
Airbus Mandatory Service                10  March 25, 2008.
 Bulletin A310-57-2035.
Airbus Service Bulletin A310-57-        08  September 19, 2005.
 2035.
------------------------------------------------------------------------

Actions Accomplished According to Previous Issues of Airbus Service
Bulletin A310-57-2035

    (i) Actions accomplished before June 7, 2006, in accordance with
the service information specified in Table 2 of this AD, are
considered acceptable for compliance with the corresponding actions
specified in paragraph (g) of this AD.

        Table 2--Previous Issues of Service Bulletin A310-57-2035
------------------------------------------------------------------------
            Document               Revision              Date
------------------------------------------------------------------------
Airbus Service Bulletin A310-57-          1  October 13, 1989.
 2035.
Airbus Service Bulletin A310-57-          2  February 26, 1990.
 2035.
Airbus Service Bulletin A310-57-          3  May 23, 1990.
 2035.
Airbus Service Bulletin A310-57-          4  April 15, 1992.
 2035.
Airbus Service Bulletin A310-57-          5  May 27, 1992.
 2035.
Airbus Service Bulletin A310-57-          6  March 8, 1994.
 2035.
Airbus Service Bulletin A310-57-          7  April 17, 1996.
 2035.
------------------------------------------------------------------------

New Requirements of This AD--Revised Compliance Times for Inspections
Required by AD 2006-09-05

Initial and Repetitive Inspections of the Rear Spar Internal Angle

    (j) For airplanes on which an inspection of the rear spar
internal angle has not been done in accordance with Airbus Service
Bulletin A310-57-2047 as of the effective date of this AD: At the
later of the times specified in paragraphs (j)(1) and (j)(2) of this
AD, do a rotating probe inspection for any crack of the rear spar
internal angle located in the center wing box and do all applicable
related investigative and corrective actions, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A310-57-2047,
Revision 08, dated July 2, 2009; except as required by paragraphs
(n) and (o) of this AD. Do all applicable related investigative and
corrective actions before further flight. Repeat the inspection
thereafter at the applicable time specified in Table 4 of this AD.
Certain compliance times are applicable to short range use, average
flight time (AFT) equal to or less than 4 hours, or long range use,
AFT exceeding 4 hours.

    Note 1: To establish the AFT, divide the accumulated flight time
(counted from the take-off up to the landing) by the number of
accumulated flight cycles. This gives the average flight time per
flight cycle.

    (1) Within the applicable time specified in Table 3 of this AD.
    (2) Within the applicable time specified in paragraph (j)(2)(i),
(j)(2)(ii), or (j)(2)(iii) of this AD:
    (i) For A310-203, -204, -221, and -222 airplanes: Within 700
flight cycles or 1,500 flight hours after the effective date of this
AD, whichever occurs first.
    (ii) For A310-304, -322, -324, and -325 short range airplanes:
Within 700 flight cycles or 1,900 flight hours after the effective
date of this AD, whichever occurs first.
    (iii) For A310-304, -322, -324, and -325 long range airplanes:
Within 500 flight cycles or 2,500 flight hours after the effective
date of this AD, whichever occurs first.

                                   Table 3--Initial Inspection Internal Angle
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Model and configuration                                       Compliance time (whichever occurs first)
----------------------------------------------------------------------------------------------------------------
A310-203, -204, -221, and -222 airplanes on which   Before the accumulation of     Before the accumulation of
 Mod 6672S6812 and Mod 7387S7974 are not done.       9,200 total flight cycles.     18,500 total flight hours.
A310-203, -204, -221, and -222 airplanes on which   Before the accumulation of     Before the accumulation of
 Mod 6672S6812 and Mod 7387S7974 are done in         19,800 total flight cycles.    39,600 total flight hours.
 production.
A310-203, -204, -221, and -222 airplanes on which   Within 19,800 flight cycles    Within 39,600 flight hours
 Mod 6672S6812 and Mod 7387S7974 are done in         after the effective date of    after the effective date of
 accordance with Airbus Service Bulletin A310-57-    this AD.                       this AD.
 2035 and before the accumulation of 6,200 total
 flight cycles and 12,500 total flight hours.
A310-203, -204, -221, and -222 airplanes on which   Within 8,200 flight cycles     Within 16,400 flight hours
 Mod 6672S6812 and Mod 7387S7974 are done in         after the effective date of    after the effective date of
 accordance with Airbus Service Bulletin A310-57-    this AD.                       this AD.
 2035 and are not done before the accumulation of
 6,200 total flight cycles and 12,500 total flight
 hours.
A310-304, -322, -324, and -325 short range          Before the accumulation of     Before the accumulation of
 airplanes on which Mod 6672S6812 and Mod            7,500 total flight cycles.     21,100 total flight hours.
 7387S7974 are not done.
A310-304, -322, -324, and -325 long range           Before the accumulation of     Before the accumulation of
 airplanes on which Mod 6672S6812 and Mod            5,300 total flight cycles.     26,900 total flight hours.
 7387S7974 are not done.
A310-304, -322, -324, and -325 short range          Before the accumulation of     Before the accumulation of
 airplanes on which Mod 6672S6812 and Mod            15,900 total flight cycles.    44,700 total flight hours.
 7387S7974 are done.
A310-304, -322, -324, and -325 long range           Before the accumulation of     Before the accumulation of
 airplanes on which Mod 6672S6812 and Mod            11,300 total flight cycles.    56,900 total flight hours.
 7387S7974 are done in production.
A310-304, -322, -324, and -325 short range          Within 15,900 flight cycles    Within 44,700 flight hours
 airplanes on which Mod 6672S6812 and Mod            after the effective date of    after the effective date of
 7387S7974 are done in accordance with Airbus        this AD.                       this AD.
 Service Bulletin A310-57-2035 and before the
 accumulation of 4,700 total flight cycles and
 13,100 total flight hours.
A310-304, -322, -324, and -325 short range          Within 8,500 flight cycles     Within 23,800 flight hours
 airplanes on which Mod 6672S6812 and Mod            after the effective date of    after the effective date of
 7387S7974 are done in accordance with Airbus        this AD.                       this AD.
 Service Bulletin A310-57-2035 and not done before
 the accumulation of 4,700 total flight cycles and
 13,100 total flight hours.
A310-304, -322, -324, and -325 long range           Within 11,300 flight cycles    Within 56,900 flight hours
 airplanes on which Mod 6672S6812 and Mod            after the effective date of    after the effective date of
 7387S7974 are done in accordance with Airbus        this AD.                       this AD.
 Service Bulletin A310-57-2035 before the
 accumulation of 3,300 total flight cycles and
 16,700 total flight hours.
A310-304, -322, -324, and -325 long range           Within 6,000 flight cycles     Within 30,300 flight hours
 airplanes on which Mod 6672S6812 and Mod            after the effective date of    after the effective date of
 7387S7974 are done in accordance with Airbus        this AD.                       this AD.
 Service Bulletin A310-57-2035 and not done before
 the accumulation of 3,300 total flight cycles and
 16,700 total flight hours.
----------------------------------------------------------------------------------------------------------------

                      Table 4--Repetitive Intervals
------------------------------------------------------------------------
        Model and configuration              Interval (not to exceed)
------------------------------------------------------------------------
A310-203, -204, -221, and -222           Within 7,200 flight cycles or
 airplanes.                               14,400 flight hours, whichever
                                          occurs first.
A310-304, -322, -324, and -325 short     Within 6,800 flight cycles or
 range airplanes.                         19,100 flight hours, whichever
                                          occurs first.
A310-304, -322, -324, and -325 long      Within 4,800 flight cycles or
 range airplanes.                         24,300 flight hours, whichever
                                          occurs first.
------------------------------------------------------------------------

    (k) For airplanes on which an inspection of the rear spar
internal angle has been done in accordance with Airbus Service
Bulletin A310-57-2047 as of the effective date of this AD: At the
applicable time specified in paragraphs (k)(1), (k)(2), and (k)(3)
of this AD, do a rotating probe inspection for any crack of the rear
spar internal angle located in the center wing box and do all
applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A310-57-2047, Revision 08, dated July 2, 2009; except as
required by paragraphs (n) and (o) of this AD. Do all applicable
related investigative and corrective actions before further flight.
Repeat the inspection thereafter at the applicable time specified in
Table 4 of this AD. Certain compliance times are applicable to short
range use, AFT equal to or less than 4 hours, or long range use, AFT
exceeding 4 hours.
    (1) For A310-203, -204, -221, and -222 airplanes: At the earlier
of the times specified in paragraphs (k)(1)(i) and (k)(1)(ii) of
this AD.
    (i) Within 7,940 flight cycles or 15,880 flight hours after the
most recent inspection, whichever occurs first.
    (ii) At the later of the times specified in paragraphs
(k)(1)(ii)(A) and (k)(1)(ii)(B) of this AD.
    (A) Within the applicable interval specified in Table 4 of this
AD.
    (B) Within 740 flight cycles or 1,480 flight hours after the
effective date of this AD, whichever occurs first.
    (2) For A310-304, -322, -324, and -325 short range airplanes: At
the later of the times specified in paragraphs (k)(2)(i) and
(k)(2)(ii) of this AD.
    (i) Within the applicable interval specified in Table 4 of this
AD.
    (ii) Within 700 flight cycles or 1,900 flight hours after the
effective date of this AD, whichever occurs first.
    (3) For A310-304, -322, -324, and -325 long range airplanes: At
the later of the times specified in paragraphs (k)(3)(i) and
(k)(3)(ii) of this AD.
    (i) Within the applicable interval specified in Table 4 of this
AD.
    (ii) Within 500 flight cycles or 2,500 flight hours after the
effective date of this AD, whichever occurs first.

Initial and Repetitive Inspections of the Tee Fitting

    (l) For airplanes on which an inspection of the left and right
sides of the tee fitting has not been done in accordance with Airbus
Service Bulletin A310-57-2047 as of the effective date of this AD:
At the later of the times specified in paragraphs (l)(1) and (l)(2)
of this AD, do a rotating probe inspection for any crack of the left
and right sides of the tee fitting, and do all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A310-57-2047,
Revision 08, dated July 2, 2009; except as required by paragraphs
(n) and (o)

of this AD. Do all applicable related investigative and corrective
actions before further flight. Repeat the inspection thereafter at
the applicable time specified in Table 6 of this AD. Certain
compliance times are applicable to short range use, AFT equal to or
less than 4 hours, or long range use, AFT exceeding 4 hours.
    (1) Within the applicable time specified in Table 5 of this AD.
    (2) Within the applicable time in paragraph (l)(2)(i),
(l)(2)(ii), or (l)(2)(iii) of this AD.
    (i) For A310-203, -204, -221, and -222 airplanes: Within 800
flight cycles or 1,600 flight hours, whichever occurs first.
    (ii) For A310-304, -322, -324, and -325 short range airplanes:
Within 800 flight cycles or 2,200 flight hours, whichever occurs
first.
    (iii) For A310-304, -322, -324, and -325 long range airplanes:
Within 600 flight cycles or 3,100 flight hours, whichever occurs
first.

                                     Table 5--Initial Inspection Tee Fitting
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
              Model and configuration                         Compliance time (whichever occurs first)
----------------------------------------------------------------------------------------------------------------
A310-203, -204, -221, and -222 airplanes on which   Before the accumulation of     Within 28,700 flight hours
 Mod 6673S6813 is not done.                          14,300 flight cycles.          after the effective date of
                                                                                this AD.
A310-203, -204, -221, and -222 airplanes on which   Before the accumulation of     Before the accumulation of
 Mod 6673S6813 is done in production.                17,500 total flight cycles.    35,000 total flight hours.
A310-203, -204, -221, and -222 airplanes on which   Within 17,500 flight cycles    Within 35,000 flight hours
 Mod 6673S6813 is done in accordance with Airbus     after the effective date of    after the effective date of
 Service Bulletin A310-57-2035 and before the        this AD.                       this AD.
 accumulation of 8,100 total flight cycles and
 16,200 total flight hours.
A310-203, -204, -221, and -222 airplanes on which   Within 9,600 flight cycles     Within 19,200 flight hours
 Mod 6673S6813 is done in accordance with Airbus     after the effective date of    after the effective date of
 Service Bulletin A310-57-2035 and not before the    this AD.                       this AD.
 accumulation of 8,100 total flight cycles and
 16,200 total flight hours.
A310-304, -322, -324, and -325 short range          Within 10,800 flight cycles    Within 30,400 flight hours
 airplanes on which Mod 6673S6813 is not done.       after the effective date of    after the effective date of
                                                     this AD.                       this AD.
A310-304, -322, -324, and -325 long range           Before the accumulation of     Before the accumulation of
 airplanes on which Mod 6673S6813 is not done.       8,500 total flight cycles.     42,800 total flight hours.
A310-304, -322, -324, and -325 short range          Before the accumulation of     Before the accumulation of
 airplanes on which Mod 6673S6813 is done in         13,100 total flight cycles.    36,700 total flight hours.
 production.
A310-304, -322, -324, and -325 long range           Before the accumulation of     Before the accumulation of
 airplanes on which Mod 6673S6813 is done in         10,300 total flight cycles.    51,600 total flight hours.
 production.
A310-304, -322, -324, and -325 short range          Within 13,100 flight cycles    Within 36,700 flight hours
 airplanes on which Mod 6673S6813 is done in         after the effective date of    after the effective date of
 accordance with Airbus Service Bulletin A310-57-    this AD.                       this AD.
 2035 and before the accumulation of 5,800 total
 flight cycles and 16,400 total flight hours.
A310-304, -322, -324, and -325 short range          Within 7,400 flight cycles     Within 20,900 flight hours
 airplanes on which Mod 6673S6813 is done in         after the effective date of    after the effective date of
 accordance with Airbus Service Bulletin A310-57-    this AD.                       this AD.
 2035 and not before the accumulation of 5,800
 total flight cycles and 16,400 total flight hours.
A310-304, -322, -324, and -325 long range           Within 10,300 flight cycles    Within 51,600 flight hours
 airplanes on which Mod 6673S6813 is done in         after the effective date of    after the effective date of
 accordance with Airbus Service Bulletin A310-57-    this AD.                       this AD.
 2035 and before the accumulation of 4,600 total
 flight cycles and 23,100 total flight hours.
A310-304, -322, -324, and -325 long range           Within 6,000 flight cycles     Within 30,300 flight hours
 airplanes on which Mod 6673S6813 is done in         after the effective date of    after the effective date of
 accordance with Airbus Service Bulletin A310-57-    this AD.                       this AD.
 2035 and not before the accumulation of 4,600
 total flight cycles and 23,100 total flight hours.
----------------------------------------------------------------------------------------------------------------

                                          Table 6--Repetitive Intervals
----------------------------------------------------------------------------------------------------------------
         Model and configuration                                  Interval (not to exceed)
----------------------------------------------------------------------------------------------------------------
A310-203, -204, -221, and -222 airplanes.  9,100 flight cycles or 18,300 flight hours, whichever occurs first.
A310-304, -322, -324, and -325 short       7,300 flight cycles or 20,400 flight hours, whichever occurs first.
 range airplanes.
A310-304, -322, -324, and -325 long range  5,900 flight cycles or 29,600 flight hours, whichever occurs first.
 airplanes.
----------------------------------------------------------------------------------------------------------------

     (m) For airplanes on which an inspection of the rear left and
right sides of the tee fitting has been done in accordance with
Airbus Service Bulletin A310-57-2047 as of the effective date of
this AD: At the applicable time specified in paragraphs (m)(1) or
(m)(2) of this AD, do a rotating probe inspection for any crack of
the left and right sides of the tee fitting, and do all applicable
related investigative and corrective actions, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A310-57-2047,
Revision 08, dated July 2, 2009; except as required by paragraphs
(n) and (o) of this AD. Do all applicable related investigative and
corrective actions before further flight. Repeat the inspection
thereafter at the applicable time specified in Table 6 of this AD.
Certain compliance times are applicable to short range use, AFT
equal to or less than 4 hours, or long range use, AFT exceeding 4
hours.
    (1) For A310-203, -204, -221, and -222 airplanes: At the earlier
of the times specified in paragraphs (m)(1)(i) and (m)(1)(ii) of
this AD.
    (i) Within 10,800 flight cycles or 17,400 flight hours after the
most recent inspection, whichever occurs first.
    (ii) At the later of the times specified in paragraphs
(m)(1)(ii)(A) and (m)(1)(ii)(B) of this AD.
    (A) Within the applicable interval specified in Table 6 of this
AD.

    (B) Within 700 flight cycles or 1,500 flight hours after the
effective date of this AD, whichever occurs first.
    (2) For A310-304, -322, -324, and - 325 airplanes: At the later
of the times specified in paragraphs (m)(2)(i) and (m)(2)(ii) of
this AD.
    (i) Within the applicable interval specified in Table 6 of this
AD.
    (ii) Within 700 flight cycles or 1,900 flight hours after the
effective date of this AD, whichever occurs first.

Contact the FAA

    (n) Where Airbus Service Bulletin A310-57-2047, Revision 08,
dated July 2, 2009, specifies to contact the manufacturer if certain
cracks are found, before further flight, repair those conditions
according to a method approved by either the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA (or
its delegated agent).

No Reporting Required

    (o) Although Airbus Service Bulletin A310-57-2047, Revision 08,
dated July 2, 2009, specifies to submit certain information to the
manufacturer, this AD does not include that requirement.
    (p) Actions accomplished before the effective date of this AD in
accordance with Airbus Mandatory Service Bulletin A310-57-2035,
Revision 09, dated September 27, 2007, are considered acceptable for
compliance with the corresponding actions specified in paragraph (g)
of this AD.
    (q) Actions accomplished before the effective date of this AD in
accordance with the service information specified in Table 7 of this
AD, are considered acceptable for compliance with the corresponding
actions specified in paragraphs (j) through (m) of this AD.

                        Table 7--Previous Issues of Airbus Service Bulletin A310-57-2047
----------------------------------------------------------------------------------------------------------------
                    Document                        Revision                           Date
----------------------------------------------------------------------------------------------------------------
Airbus Service Bulletin A310-57-2047...........              03  November 26, 1997.
Airbus Service Bulletin A310-57-2047...........              04  March 5, 1999.
Airbus Service Bulletin A310-57-2047...........              05  August 3, 2000.
Airbus Service Bulletin A310-57-2047...........              06  July 13, 2004.
Airbus Service Bulletin A310-57-2047...........              07  March 14, 2008.
----------------------------------------------------------------------------------------------------------------

Related AD

    (r) Accomplishing a rotating probe inspection of the rear spar
internal angle and the tee fitting in accordance with Airbus Service
Bulletin A310-57-2047, Revision 08, dated July 2, 2009, or a service
bulletin listed in Table 7 of this AD, terminates the requirements
specified in paragraph (o) of AD 98-26-01.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows:
    Although the MCAI or service information tells you to contact
the manufacturer for repair information, paragraph (n) of this AD
requires that you contact the FAA or EASA (or its delegated agent)
instead.
    Although the MCAI or service information tells you to submit
information to the manufacturer, paragraph (o) of this AD specifies
that such submittal is not required.

Other FAA AD Provisions

    (s) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) AMOCs approved previously in accordance with AD 2006-09-05,
Amendment 39-14575, are approved as AMOCs for the corresponding
provisions of this AD.
    (3) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (t) Refer to MCAI EASA Airworthiness Directive 2008-0187, dated
October 10, 2008; Airbus Service Bulletin A310-57-2047, Revision 08,
dated July 2, 2009; and Airbus Mandatory Service Bulletin A310-57-
2035, Revision 10, dated March 25, 2008; for related information.

Material Incorporated by Reference

    (u) You must use Airbus Mandatory Service Bulletin A310-57-2035,
Revision 10, dated March 25, 2008; and Airbus Service Bulletin A310-
57-2047, Revision 08, dated July 2, 2009; as applicable; to do the
actions required by this AD, unless the AD specifies otherwise.
Airbus Service Bulletin A310-57-2047 contains the following
effective pages:

----------------------------------------------------------------------------------------------------------------
                Page No.                  Revision level shown on page             Date shown on page
----------------------------------------------------------------------------------------------------------------
1-7a, 26, 86, 88........................  08..........................  July 2, 2009.
7b-21, 26, 29-31, 33, 35, 38, 39, 44,     07..........................  March 14, 2008.
 45, 95, 96.
22-25, 37...............................  06..........................  July 13, 2004.
27, 28, 36, 47-56, 61-74................  Original....................  February 26, 1991.
32, 34, 40-43, 59-60, 81-85, 87, 89-94..  04..........................  March 5, 1999.
46, 75-80...............................  05..........................  August 3, 2000.
57, 58..................................  2...........................  January 22, 1997.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on October 13, 2010.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-26659 Filed 10-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Page 1413]
[FR Doc No: 2016-00402]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP16-358-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 01/05/16 Negotiated Rates--
Mercuria Energy Gas Trading LLC (HUB) 7540-89 to be effective 1/4/2016.
    Filed Date: 1/5/16.
    Accession Number: 20160105-5242.
    Comments Due: 5 p.m. ET 1/19/16.

    Docket Numbers: RP16-359-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Jan2016 Deletion of Expired
Statements of Negotiated Rates to be effective 2/6/2016.
    Filed Date: 1/6/16.
    Accession Number: 20160106-5086.
    Comments Due: 5 p.m. ET 1/19/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR Sec.  385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated January 6, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-00402 Filed 1-11-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Notices]
[Pages 3459-3460]
[FR Doc No: 2018-01337]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-173, OMB Control No. 3235-0178]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Rule 31a-1.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
    Rule 31a-1 (17 CFR 270.31a-1) under the Investment Company Act of
1940 (the ``Act'') (15 U.S.C. 80a) is entitled ``Records to be
maintained by registered investment companies, certain majority-owned
subsidiaries thereof, and other persons having transactions with
registered investment companies.'' Rule 31a-1 requires registered
investment companies (``funds''), and every underwriter, broker,
dealer, or investment adviser that is a majority-owned subsidiary of a
fund, to maintain and keep current accounts, books, and other documents
which constitute the record forming the basis for financial statements
required to be filed pursuant to section 31 of the Act (15 U.S.C. 80a-
30) and of the auditor's certificates relating thereto. The rule lists
specific records to be maintained by funds. The rule also requires
certain underwriters, brokers, dealers, depositors, and investment
advisers to maintain the records that they are required to maintain
under federal securities laws. The Commission periodically inspects the
operations of funds to insure their compliance with the provisions of
the Act and the rules thereunder. The books and records required to be
maintained by rule 31a-1 constitute a major focus of the Commission's
inspection program.
    There are approximately 4029 investment companies registered with
the Commission, all of which are required to comply with rule 31a-1.
For purposes of determining the burden imposed by rule 31a-1, the
Commission staff estimates that each fund is divided into approximately
four series, on average, and that each series is required to comply
with the recordkeeping requirements of rule 31a-1. Based on
conversations with fund representatives, it is estimated that rule 31a-
1 imposes an average burden of approximately 1750 hours annually per
series for a total of 7000 annual hours per fund. The estimated total
annual burden for all 4029 funds subject to the rule therefore is
approximately 28,203,000 hours. Based on conversations with fund
representatives, however, the Commission staff estimates that even
absent the requirements of rule 31a-1, 90 percent of the records
created pursuant to the rule are the type that generally would be
created as a matter of normal business practice and to prepare
financial statements. Thus, the Commission staff estimates that the
total annual burden associated with rule 31a-1 is 2,820,300 hours.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study. The collection
of information required by rule 31a-1 is mandatory. Responses will not
be kept confidential. The records required by rule 31a-1 are required
to be preserved pursuant to rule 31a-2 under the Investment Company Act
(17 CFR 270.31a-2). Rule 31a-2 requires that certain of these records
be preserved permanently, and that others be preserved six years from
the end of the fiscal year in which any transaction occurred. In both
cases, the records should be kept in an easily accessible place for the
first two years. An agency may not conduct or sponsor, and a

person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
    The public may view the background documentation for this
information collection at the following website, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
[email protected]; and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549 or send an email
to: [email protected]. Comments must be submitted to OMB within 30
days of this notice.

    Dated: January 19, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01337 Filed 1-24-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: January 13, 2006 (Volume 71, Number 9)]
[Notices]
[Page 2204-2205]
[DOCID:fr13ja06-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-9-000 and ER06-9-001]

FPL Energy Burleigh County Wind, LLC; Notice of Issuance of Order

January 5, 2006.
    FPL Energy Burleigh County Wind, LLC (FPLE Burleigh County) filed
an application for market-based rate authority, with an accompanying
rate tariff. The proposed rate tariff provides for the sales of energy,
capacity and ancillary services at market-based rates and for the
reassignment of transmission capacity. FPLE Burleigh County also
requested waiver of various Commission regulations. In particular, FPLE
Burleigh County requested that the Commission grant blanket approval
under 18 CFR part 34 of all future issuances of securities and
assumptions of liability by FPLE Burleigh County.
    On January 4, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the request
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
approval of issuances of securities or assumptions of liability by FPLE
Burleigh County 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 protests is February 3, 2006.
    Absent a request to be heard in opposition by the deadline above,
FPLE Burleigh County 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 FPLE Burleigh County, 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 approval of FPLE Burleigh County's

issuances 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. E6-282 Filed 1-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 5, 2007 (Volume 72, Number 213)]
[Notices]
[Page 62499]
[DOCID:fr05no07-79]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 204A-1, SEC File No. 270-536, OMB Control No. 3235-0596.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(the ``Commission'') is soliciting comments on the collections of
information summarized below. The Commission plans to submit these
existing collections of information to the Office of Management and
Budget for extension and approval.
    The title for the collection of information is ``Rule 204A-1 (17
CFR 275.204A-1) under the Investment Advisers Act of 1940'' (15 U.S.C.
80b-1 et seq.). Rule 204A-1, the Code of Ethics Rule, requires
investment advisers registered with the Commission to (i) set forth
standards of conduct expected of advisory personnel (including
compliance with the federal securities laws), (ii) safeguard material
nonpublic information about client transactions, and (iii) requires the
adviser's ``access persons'' to report their personal securities
transactions, including transactions in any mutual fund managed by the
adviser. The code of ethics also requires access persons to obtain the
adviser's approval before investing in an initial public offering or
private placement. The code of ethics also requires prompt reporting,
to the adviser's chief compliance officer or another person designated
in the code of ethics, of any violations of the code. Finally, the code
of ethics requires the adviser to provide each supervised person with a
copy of the code and any amendments, and requires the supervised
persons to acknowledge, in writing, their receipt of these copies.
    The purposes of the information collection requirements are: (i) To
ensure that advisers maintain codes of ethics applicable to their
supervised persons; (ii) to provide advisers with information about the
personal securities transactions of their access persons for purposes
of monitoring such transactions; (iii) to provide advisory clients with
information with which to evaluate advisers' codes of ethics; and (iv)
to assist the Commission's examination staff in assessing the adequacy
of advisers' codes of ethics and assessing personal trading activity by
advisers' supervised persons.
    The respondents to this information collection are investment
advisers registered with the Commission. The Commission has estimated
that compliance with rule 204A-1 imposes a burden of approximately 117
hours per adviser annually for an estimated total annual burden of
1,265,865 hours.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send
an e-mail to<EMAIL_ADDRESS>
    October 29, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-21663 Filed 11-2-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Rules and Regulations]
[Pages 49684-49685]
[FR Doc No: 2013-19618]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0904, FRL-9846-5]

Approval and Disapproval of Air Quality State Implementation
Plans; Arizona; Regional Haze and Interstate Transport Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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

SUMMARY: EPA is correcting the preamble to the final rule that appeared
in the Federal Register on July 30, 2013. This final rule partially
approved and partially disapproved a portion of Arizona's State
Implementation Plan (SIP) to implement the regional haze program for
the first planning period through 2018. The final rule preamble
inadvertently misstated the effective date of the rule under the
Congressional Review Act and the deadline for filing of petitions for
judicial review of the rule under section 307(b)(1) of the Clean Air
Act. This document corrects those errors and clarifies that the rule
was signed by the Acting Regional Administrator for EPA Region 9.

DATES: This rule is effective on August 29, 2013.

FOR FURTHER INFORMATION CONTACT: Gregory Nudd, U.S. EPA, Region 9,
Planning Office, Air Division, Air-2, 75 Hawthorne Street, San
Francisco, CA 94105. Gregory Nudd can be reached at telephone number
(415) 947-4107 and via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In Federal Register document 2013-18022
published in the Federal Register on July 30, 2013 (78 FR 46142), the
following corrections are made:
    1. On page 46174, in the third column, in section VI. Statutory and
Executive Order Reviews, paragraph K. Congressional Review Act, the
last sentence is corrected to read as follows: ``This rule will be
effective on August 29, 2013.''
    2. On page 46174, in the third column, in section VI. Statutory and
Executive Order Reviews, paragraph L. Petitions for Judicial Review,
the first sentence is corrected to read as follows: ``Under section
307(b)(1) of the Clean Air Act, petitions for judicial review of this
action must be filed in the United States Court of Appeals for the
appropriate circuit by September 28, 2013.''
    3. On page 46174, in the third column, the title of Jane Diamond is

corrected to read as follows: ``Acting Regional Administrator, Region
9.''

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Sulfur
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Visibility, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 2, 2013.
Jared Blumenfeld,
Regional Administrator, Region 9.
[FR Doc. 2013-19618 Filed 8-14-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11891-11892]
[FR Doc No: 2021-04110]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 389

[FMCSA-2016-0341]
RIN 2126-AB96

Rulemaking Procedures Update

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), U.S.
Department of Transportation.

ACTION: Final rule; delay of effective date.

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

SUMMARY: In accordance with the memorandum of January 20, 2021, from
the Assistant to the President and Chief of Staff, titled ``Regulatory
Freeze Pending Review,'' the Department delays the effective date of
the final rule, ``Rulemaking Procedures Update,'' until March 21, 2021.

DATES: As of March 1, 2021, the effective date of the final rule
published on December 31, 2020, at 85 FR 86843, is delayed until March
21, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Steven J. LaFreniere, Regulatory

Ombudsman, Federal Motor Carrier Safety Administration, 1200 New Jersey
Ave. SE, Washington, DC 20590-0001,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of the notice of proposed rulemaking (82 FR 36719, August 7,
2017), all comments received, the final rule, and all background
material may be viewed online at http://www.regulations.gov using the
docket number listed above. A copy of this document will be placed in
the docket. Electronic retrieval help and guidelines are available on
the website. It is available 24 hours each day, 365 days each year. An
electronic copy of this document may also be downloaded from the Office
of the Federal Register's website at http://www.ofr.gov and the
Government Publishing Office's website at http://www.gpo.gov.

Background

    On January 20, 2021, the Assistant to the President and Chief of
Staff issued a memorandum titled, ``Regulatory Freeze Pending Review.''
The memorandum requested that the heads of executive departments and
agencies (agencies) take steps to ensure that the President's
appointees or designees have the opportunity to review any new or
pending rules. With respect to rules published in the Federal Register,
but not yet effective, the memorandum asked that agencies consider
postponing the rules' effective dates for 60 days from the date of the
memorandum (i.e., March 21, 2021) for the purpose of reviewing any
questions of fact, law, and policy the rules may raise.
    In accordance with this direction, FMCSA has decided to delay the
effective date of the final rule, ``Rulemaking Procedures Update'' (RIN
2126-AB96), until March 21, 2021. The final rule amends FMCSA's
rulemaking procedures by revising the process for preparing and
adopting rules and petitions. Also, the Agency adds new definitions,
and makes general administrative corrections throughout its rulemaking
procedures. The delay in the rule's effective date will afford the
President's appointees or designees an opportunity to review the rule
and will allow for consideration of any questions of fact, law, or
policy that the rule may raise before it becomes effective.

Waiver of Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), FMCSA
generally offer interested parties the opportunity to comment on
proposed regulations and publish rules not less than 30 days before
their effective dates. However, the APA provides that an agency is not
required to conduct notice-and-comment rulemaking or delay effective
dates when the agency, for good cause, finds that the requirement is
impracticable, unnecessary, or contrary to the public interest (5
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive both of
these requirements here as they are impracticable. A delay in the
effective date of the final rule, ``Rulemaking Procedures Update,'' is
necessary for the President's appointees and designees to have adequate
time to review the rule before it takes effect, and neither the notice
and comment process nor the delayed effective date could be implemented
in time to allow for this review.

List of Subjects in 49 CFR Part 389

    Administrative practice and procedure, Highway safety, Motor
carriers, Motor vehicle safety.

    Issued under authority delegated in 49 CFR 1.87.
John W. Van Steenburg,
Assistant Administrator.
[FR Doc. 2021-04110 Filed 2-26-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: September 23, 2005 (Volume 70, Number 184)]
[Notices]
[Page 55819-55820]
[DOCID:fr23se05-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PL05-10-000]

Criteria for Reassertion of Jurisdiction Over the Gathering
Services of Natural Gas Company Affiliates; Notice of Inquiry

September 15, 2005.
    1. This order institutes a notice of inquiry to evaluate possible
changes in the criteria set forth in Arkla Gathering Service Co.\1\
employed by the Commission in evaluating whether and under what
circumstances the Commission may invoke its ``in connection with''
jurisdiction to guard against abusive practices by natural gas
companies and their gathering affiliates.
---------------------------------------------------------------------------

    \1\ Arkla Gathering Service Co., 67 FERC ]61,257 at 61,871
(1994), order on reh'g, 69 FERC ]61,280 (1994), reh'g denied, 70
FERC ] 61,079 (1995), reconsideration denied, 71 FERC ]61,297 (1995)
(collectively, Arkla), aff'd Conoco Inc. v. FERC, 90 F.3d 536 (D.C.
Cir. 1996) (Conoco).
---------------------------------------------------------------------------

    2. The Arkla test involves a determination that, as a result of the
concerted action of a pipeline and its gathering affiliate, the
Commission's effective regulation of the pipeline is circumvented. In a
recent decision,\2\ the United States Court of Appeals for the District
of Columbia found that the Commission had misapplied the criteria set
forth in Arkla. Under Arkla, the Commission's ability to reassert
jurisdiction is limited to abuses directly related to the affiliate's
unique relationship with an interstate pipeline, such as tying
gathering service to the pipeline's jurisdictional transmission service
or cross-subsidization between the affiliate's gathering rates and the
pipeline's transmission rates. The court stated that Arkla permits a
reassertion of jurisdiction in circumstances ``limited to'' abuses
``directly related to the affiliate's unique relationship with an
interstate pipeline,'' such as ``tying gathering service to the
pipeline's jurisdictional transmission service,'' or ``cross-
subsidization between the affiliate's gathering rates and the
pipeline's transmission rates.'' \3\ The court found that, in the case
before it, the gathering affiliate's affiliation with the pipeline was
``utterly irrelevant to its ability to charge high rates, or to impose
onerous conditions for gathering service.'' \4\ Instead, the affiliate
``could do these things for one reason only `` because it was a
recently deregulated monopolist in the North Padre gathering market.''
\5\ Accordingly, the court held that the Commission had not met its own
test under Arkla for reassertion of jurisdiction and vacated and
remanded the Commission's orders.
---------------------------------------------------------------------------

    \2\ Williams Gas Processing Co., L.P. v. FERC, 373 F.3d 1335
(2004) (Williams Gas Processing).
    \3\ Williams Gas Processing, at 1342.
    \4\ Id. at 1342.
    \5\ Id.
---------------------------------------------------------------------------

    3. The Commission is interested in reevaluating both its legal
authority to reassert jurisdiction and the policy considerations in
deciding whether to do so. To assist this reevaluation of the Arkla
test, the Commission is seeking comment on the following questions:
    1. Is there an inherent anti-competitive issue when pipelines spin-
down gathering facilities to affiliates or are concerns about the
behavior of affiliated gatherers unique to certain specific pipeline/
affiliate relationships, such as those articulated by Shell in its
request for rehearing in the Shell v. Transco proceeding in Docket No.
RP02-99-010?
    2. Once a pipeline has spun-down its gathering services into an
affiliated company, is it common for the affiliated gatherer to seek
higher rates for its gathering services than the rates charged by the
pipeline for those services prior to the spin-down?
    a. How do the rates of non-affiliated gatherers compare to the
rates of affiliated gatherers?
    b. Have the rates charged by affiliated gatherers had an impact on
well shut-ins?
    3. What factors are relevant in determining whether a gathering
affiliate is separate from its pipeline affiliate and independent from
its pipeline affiliate in performing its gathering functions?
    4. Must a gathering affiliate be physically separate and separately
staffed in order to be independent of its pipeline affiliate?
    5. Because the basis of initially disclaiming NGA section 4 and 5
``in

connection with'' rate and service jurisdiction is solely a change in
ownership of the gathering facilities, is it necessary for the
Commission to require a showing of collusion or abusive conduct in
order to reassert jurisdiction, if it is found that the transfer of the
facilities is a sham and/or there is no real, de facto separate
corporate ownership?
    6. What kind of conduct should trigger the Commission's reassertion
of jurisdiction over the gathering services of a pipeline affiliate?
    7. Should the Commission be especially concerned about the actions
of gathering affiliates when they control access to an essential
facility in order to gain access to the interstate pipeline grid?
    8. Should a showing of ``concerted action'' by the gathering
affiliate and the pipeline be required, or should it be sufficient for
the gathering affiliate alone to have engaged in anticompetitive or
otherwise objectionable behavior to trigger the Commission's
reassertion of jurisdiction?
    9. What kind of activities would constitute ``concerted action''
between the gathering affiliate and its affiliated pipeline for
purposes of circumventing the Commission's effective regulation of the
pipeline?
    10. What incentives do states have to ensure that providers of
gathering services do not engage in anticompetitive behavior?
    11. Is there a gap between state regulation of gathering services
and the Commission's regulation of natural gas companies, and, if so,
what is the nature of that gap?
    12. Should the Commission view the conduct of offshore affiliated
gatherers differently from onshore affiliated gatherers due to the lack
of state regulation offshore?
    13. What criteria should the Commission employ in reasserting NGA
section 4 and 5 ``in connection with'' jurisdiction over gathering
rates and services following a spin-down of gathering facilities by a
pipeline to an affiliate?

Procedure for Comments

    4. The Commission invites interested persons to submit comments,
and other information on the matters, issues and specific questions
identified in this notice. Comments are due 60 days from the date of
publication in the Federal Register. Comments must refer to Docket No.
PL05-10-000, and must include the commentor's name, the organization
they represent, if applicable, and their address.
    5. To facilitate the Commission's review of the comments, the
Commission requests that commentors provide an executive summary of
their position. In addition, the Commission requests that commentors
identify each specific question posed by the Notice of Inquiry that
their comments address and to use appropriate headings. Comments should
be double-spaced.
    6. Comments may be filed on paper or electronically via the eFiling
link on the Commission's Web site at http://www.ferc.gov. The

Commission accepts most standard word processing formats and commentors
may attach additional files with supporting information in certain
other file formats. Commentors filing electronically do not need to
make a paper filing. Commentors that are not able to file comments
electronically must send an original and 14 copies of their comments
to: Federal Energy Regulatory Commission, Office of the Secretary, 888
First Street NE., Washington, DC 20426.
    7. All comments will be placed in the Commission's public files and
may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commentors are not required to
serve copies of their comments on other commentors.

Document Availability

    8. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and

in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. eastern time) at 888 First Street, NE., Room 2A,
Washington DC 20426.
    9. From the Commission's Home Page on the Internet, this
information is available in the Commission's document management
system, eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number (excluding the last three digits) in the docket number field.
    10. User assistance is available for eLibrary and the Commission's
Web site during normal business hours. For assistance, please contact
the Commission's Online Support at 1-866-208-3676 (toll free) or 202-
502-6652 (e-mail at<EMAIL_ADDRESS>or the Public Reference
Room at<PHONE_NUMBER>, TTY<PHONE_NUMBER> (e-mail at
public.referenceroom@ferc.gov).

    By direction of the Commission. Commissioner Brownell concurring
with a separate statement attached.
Magalie R. Salas,
Secretary.
    Notice of Inquiry on Criteria for Reassertion Jurisdiction Over the
Gathering Services of Natural Gas Company Affiliates.

    BROWNELL, Commissioner, concurring:
    Today we issue a Notice of Inquiry (NOI) to evaluate possible
changes in the criteria for invoking the Commission's ``in connection
with'' jurisdiction. I appreciate the need to guard against affiliate
abuse. However, I think it is important to put the questions proffered
in the NOI in context.
    In Panhandle, the Supreme Court found that sections 4, 5 and 7 of
the NGA do not concern gathering and only extend to the interstate
transportation of gas by their express terms.\1\ In Conoco, the court
expressly stated that where an activity or entity falls within the
section 1(b) gathering exemption of the NGA, the other provisions of
the NGA, including the ``in connection with'' language in sections 4
and 5 neither expand our jurisdiction nor override the gathering
exemption.\2\ Therefore, the fundamental question for me is whether any
new test has a direct nexus to our effective regulation of the
interstate pipeline, not the gatherer. I am hard pressed to find that
necessary linkage even if a spun-down entity seeks a higher rate for
its services or is an essential access point to the interstate grid. In
either situation, the Commission will continue to employ its section 4
and 5 NGA authority to ensure that the pipeline's rates remain just and
reasonable.
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    \1\ Panhandle III, 337 U.S. at 508-09, 69 S.Ct. at 1257-58.
    \2\ Conoco Inc. v. FERC, 90 F.3rd 536 at 552 (D.C. Cir. 1996),
cert. denied, 519 U.S. 1142 (1997).
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    Since Order 636, the Commission has approved a number of proposals
to spin-down (as well as spin-off) gathering facilities because such
transfers eliminated unnecessary costs from interstate rates and the
stand-alone gatherer could more efficiently utilize the facilities
involved. There have been very few complaints.
    I urge commenters to consider whether there is a need for a new
test and, if so, how any new test is consistent with the limits of our
current statutory authority.

    Dated:
Nora Mead Brownell,
Commissioner.
[FR Doc. 05-19001 Filed 9-22-05; 8:45 am]

BILLING CODE 6717-01-P