[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 13014-13015]
[FR Doc No: 2021-04649]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land Use Assurance;
Rogue Valley International-Medford Airport, Medford, Oregon

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice.

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SUMMARY: Notice is being given that the FAA is considering a proposal
from the County of Jackson Airport Director to

change certain portions of the airport from aeronautical use to non-
aeronautical use at Rogue Valley International-Medford Airport,
Medford, Oregon. The proposal consists of a partial parcel on the
southwest corner of the airfield.

DATES: Comments are due within 30 days of the date of the publication
of this notice in the Federal Register. Emailed comments can be
provided to Ms. Mandi M. Lesauis, Program Specialist, Seattle Airports
District Office<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Mr. Jerry Brienza, Airport Director,
County of 1000 Terminal Loop Parkway, Medford, OR 97504; or Mandi M.
Lesauis, Program Specialist, Seattle Airports District Office, 2200 S.
216 St., Des Moines, WA 98198<EMAIL_ADDRESS>(206) 231-4140.
Documents reflecting this FAA action may be reviewed at the above
locations.

SUPPLEMENTARY INFORMATION: Under the provisions of Title 49, U.S.C.
47153(c), and 47107(h)(2), the FAA is considering a proposal from the
Airport Director, County of Jackson, to change a portion of the Rogue
Valley International-Medford Airport from aeronautical use to non-
aeronautical use. The proposal consists of a 7.6-acre partial parcel on
the southwest side of the airport.
    The partial parcel is vacant, landlocked and does not have airfield
access. The proposed property will be developed for commercial purposes
such as a hotel. The FAA concurs that the parcels are no longer needed
for aeronautical purposes. The proposed use of this property is
compatible with other airport operations in accordance with FAA's
Policy and Procedures Concerning the Use of Airport Revenue, published
in Federal Register on February 16, 1999.

    Issued in Des Moines, Washington, on March 2, 2021.
Warren D. Ferrell,
Acting Manager, Seattle Airports District Office.
[FR Doc. 2021-04649 Filed 3-4-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 25093-25095]
[FR Doc No: 2018-11610]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83320; File No. SR-NYSEArca-2018-35]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Peritus High Yield ETF

May 24, 2018
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on May 14, 2018, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to change certain representations made in the
respective proposed rule changes previously filed with the Commission
pursuant to Rule 19b-4 relating to the Peritus High Yield ETF (the
``Fund''). Shares of the Fund are currently listed and traded on the
Exchange under NYSE Arca Rule 8.600-E. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Commission has approved the listing and trading on the Exchange
of shares (``Shares'') of the Fund, under NYSE Arca Rule 8.600-E(j)(3)
(formerly NYSE Arca Equities Rule 8.600), which governs the listing and
trading of Managed Fund Shares.\4\ The Fund's Shares are currently
listed and traded on the Exchange under NYSE Arca Rule 8.600-E.\5\ The
Shares are offered by AdvisorShares Trust (``Trust'').\6\
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    \4\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (the ``1940 Act'') organized
as an open-end investment company or similar entity that invests in
a portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Rule 5.2-E(j)(3),
seeks to provide investment results that correspond generally to the
price and yield performance of a specific foreign or domestic stock
index, fixed income securities index or combination thereof.
    \5\ The Commission previously approved the listing and trading
of the Shares of the Fund. See Securities Exchange Act Release Nos.
63329 (November 17, 2010), 75 FR 71260 (November 24, 2010) (SR-
NYSEArca-2010-86) (Order Granting Approval of Proposed Rule Change
Relating to the Listing and Trading of Shares of the Peritus High
Yield ETF) (``Approval Order''); 63041 (October 5, 2010), 75 FR
62905 (October 13, 2010) (SR-NYSEArca-2010-86) (Notice of Filing of
Proposed Rule Change Relating to the Listing and Trading of Shares
of the Peritus High Yield ETF) (``Notice''). The Exchange
subsequently filed with the Commission several proposed rule changes
relating to changes in the Fund's holdings. See Securities Exchange
Act Release Nos. 66818 (April 17, 2012), 77 FR 24233 (April 23,
2012) (SR-NYSEArca-2012-33) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change relating to the Peritus High
Yield ETF); 70284 (August 29, 2013), 78 FR 54715 (September 5, 2013)
(SR-NYSEArca-2013-83) (Notice of Filing and Immediate Effectiveness
of Proposed Rule Change Relating to Investments in Leveraged Loans
by the Peritus High Yield ETF); 72433 (June 19, 2014), 79 FR 36114
(June 25, 2014) (SR-NYSEArca-2014-69) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Relating to Holdings
in Equity Securities by the Peritus High Yield ETF); 73181
(September 23, 2014), 79 FR 58001 (September 26, 2014) (SR-NYSEArca-
2014-103) (Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to an Increase in the Number of Securities Held
by the Peritus High Yield ETF). (The Approval Order, Notice and
other proposed rule changes referenced above are referred to
collectively herein as the ``Releases'').
    \6\ The Trust is registered under the 1940 Act. On November 1,
2017, the Trust filed with the Commission an amendment to its
registration statement on Form N-1A under the Securities Act of 1933
(15 U.S.C. 77a) (``1933 Act'') and the 1940 Act relating to the Fund
(File Nos. 333-157876 and 811-22110). In addition, the Commission
has issued an order granting certain exemptive relief to the Trust
under the1940 Act. See Investment Company Act Release No. 29291(May
28, 2010) (File No. 812-13677) (``Exemptive Order'').

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    The Trust has filed a combined prospectus and proxy statement (the
``Proxy Statement'') with the Commission on Form N-14 describing a
``Plan of Reorganization'' pursuant to which, following approval of the
Fund's shareholders, all or substantially all of the assets and all of
the stated liabilities included in the financial statements of the Fund
would be transferred to a new series of Exchange Listed Funds Trust,
described below. According to the Proxy Statement, the investment
objective of the Fund will be the same following implementation of the
Plan of Reorganization (``Reorganization'').\7\ Following shareholder
approval and closing of the Reorganization, investors will receive
shares of beneficial interest of such new series of Exchange Listed
Funds Trust (and cash with respect to any fractional shares held, if
any) with an aggregate net asset value equal to the aggregate net asset
value of the Shares of the Fund of the Trust calculated as of the close
of business on the business day before the closing of the
Reorganization. The name of the Fund will remain unchanged.
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    \7\ See registration statement on Form N-14 under the 1933 Act,
dated April 13, 2018 (File No. 333-223505) (``Proxy Statement'').
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    In this proposed rule change, the Exchange proposes to change
certain representations made in the proposed rule changes previously
filed with the Commission pursuant to Rule 19b-4 relating to the Fund,
as described above,\8\ which changes would be implemented as a result
of the Plan of Reorganization.\9\
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    \8\ See note 4 [sic], supra.
    \9\ The Fund's investment adviser, AdvisorShares Investments,
LLC, represents that it will manage the Fund in the manner described
in the proposed rule changes for the Fund as referenced in note 4,
supra, and the changes described herein will not be implemented
until this proposed rule change is operative.
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Peritus High Yield ETF
    The Notice stated that the Fund is offered by AdvisorShares Trust.
Following the Reorganization, the Fund's trust will be Exchange Listed
Funds Trust. The Fund's investment adviser is AdvisorShares
Investments, LLC. Following the Reorganization, the Fund's investment
adviser will be Exchange Traded Concepts, LLC.\10\ The Fund's sub-
adviser, Peritus I Asset Management, LLC, will remain the sub-adviser
for the Fund following the Reorganization.
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    \10\ Exchange Traded Concepts, LLC and Peritus I Asset
Management, LLC are not registered as a broker-dealer or affiliated
with a broker-dealer. In the event (a) Exchange Traded Concepts, LLC
or Peritus I Asset Management, LLC becomes registered as a broker-
dealer or newly affiliated with a broker-dealer, or (b) any new
adviser or sub-adviser becomes registered as a broker-dealer or
newly affiliated with a broker-dealer, it will implement and
maintain a fire wall with respect to its relevant personnel or such
broker-dealer affiliate regarding access to information concerning
the composition and/or changes to the Fund's portfolio, and will be
subject to procedures designed to prevent the use and dissemination
of material non-public information regarding such portfolio. In
addition, personnel who make decisions on the Fund's portfolio
composition must be subject to procedures designed to prevent the
use and dissemination of material nonpublic information regarding
the Fund's portfolio.
     An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, with respect to the Fund, Exchange Traded
Concepts, LLC and Peritus I Asset Management, LLC, as adviser and
sub-adviser, respectively, 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 other applicable
securities laws. Accordingly, procedures designed to prevent the
communication and misuse of non-public 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.
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    The investment objective of the Fund will remain unchanged. In
addition, the Fund's portfolio meets and will continue to meet the
representations regarding the Fund's investments as described in the
Releases.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \11\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
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    \11\ 15 U.S.C. 78f (b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, and is designed
to promote just and equitable principles of trade and to protect
investors and the public interest.
    Exchange Listed Funds Trust has filed the Proxy Statement
describing the Reorganization pursuant to which, following approval of
the Fund's shareholders, all assets of the Fund would be transferred to
a corresponding fund of the Exchange Listed Funds Trust, which will
have the name Peritus High Yield ETF. This filing proposes to reflect
organizational and administrative changes that would be implemented as
a result of the Reorganization, including changes to the trust entity
issuing shares of the Fund and the adviser to the Fund. As noted above,
Exchange Traded Concepts, LLC and Peritus I Asset Management, LLC are
not registered as a broker-dealer or affiliated with a broker-dealer.
In the event (a) Exchange Listed Funds Trust or Peritus I Asset
Management, LLC becomes registered as a broker-dealer or newly
affiliated with a broker-dealer, or (b) any new adviser or sub-adviser
becomes registered as a broker-dealer or newly affiliated with a
broker-dealer, it will implement and maintain a fire wall with respect
to its relevant personnel or such broker-dealer affiliate regarding
access to information concerning the composition and/or changes to the
portfolio, and will be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding such
portfolio. According to the Proxy Statement, the investment objective
of the Fund will be the same following implementation of the
Reorganization. The Exchange believes these changes will not adversely
impact investors or Exchange trading. In addition, the Fund's portfolio
meets and will continue to meet the representations regarding the
Fund's investments as described in the Releases.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes the
proposed rule change will enhance competition and benefit of investors
and the marketplace by permitting continued listing and trading of
Shares of the Fund following implementation of the changes described
above that would follow the Reorganization, which changes would not
impact the investment objective of the Fund.

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

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

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; or (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6)
thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. Because the vote on the Reorganization will occur before the
end of the operative delay, waiver of the operative delay would allow
the Exchange to begin implementing the two organizational and
administrative changes described above to immediately upon shareholder
approval of the Reorganization. The Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest and hereby waives the 30-day
operative delay and designates the proposed rule change to be operative
upon filing.\14\
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    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEArca-2018-35 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2018-35. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2018-35 and should be submitted
on or before June 21, 2018.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11610 Filed 5-30-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36369-36373]
[FR Doc No: 2011-15520]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

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44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8185]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and a notice of this will be provided by publication in
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management

measures with effective enforcement measures. The communities listed in
this document no longer meet that statutory requirement for compliance
with program regulations, 44 CFR part 59. Accordingly, the communities
will be suspended on the effective date in the third column. As of that
date, flood insurance will no longer be available in the community.
However, some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.
    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of   Current  effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no  longer
                                                  insurance in                              available  in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
            Region I

Massachusetts: Auburn, Town of,        250292  March 2, 1973,     July 4, 2011..........  July 4, 2011.
 Worcester County.                              Emerg; June 1,
                                                1978, Reg; July
                                                4, 2011, Susp.
Berlin, Town of, Worcester             250294  August 11, 1975,    * Do.                   Do.
 County.                                        Emerg; June 18,
                                                1980, Reg; July
                                                4, 2011, Susp.
Blackstone, Town of, Worcester         250295  November 2, 1973,   Do.                     Do.
 County.                                        Emerg; September
                                                30, 1977, Reg;
                                                July 4, 2011,
                                                Susp.
Bolton, Town of, Worcester             250296  March 10, 1975,     Do.                     Do.
 County.                                        Emerg; June 18,
                                                1980, Reg; July
                                                4, 2011, Susp.
Boylston, Town of, Worcester           250297  August 26, 1975,    Do.                     Do.
 County.                                        Emerg; July 2,
                                                1981, Reg; July
                                                4, 2011, Susp.
Charlton, Town of, Worcester           250299  June 10, 1975,      Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Clinton, Town of, Worcester            250300  May 26, 1977,       Do.                     Do.
 County.                                        Emerg; June 15,
                                                1982, Reg; July
                                                4, 2011, Susp.
Douglas, Town of, Worcester            250301  January 29, 1975,   Do.                     Do.
 County.                                        Emerg; June 1,
                                                1982, Reg; July
                                                4, 2011, Susp.
Dudley, Town of, Worcester             250302  June 23, 1975,      Do.                     Do.
 County.                                        Emerg; June 15,
                                                1982, Reg; July
                                                4, 2011, Susp.
Grafton, Town of, Worcester            250306  July 29, 1975,      Do.                     Do.
 County.                                        Emerg; May 2,
                                                1983, Reg; July
                                                4, 2011, Susp.
Harvard, Town of, Worcester            250308  June 25, 1975,      Do.                     Do.
 County.                                        Emerg; June 15,
                                                1983, Reg; July
                                                4, 2011, Susp.

Hopedale, Town of, Worcester           250310  June 23, 1975,      Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Lancaster, Town of, Worcester          250312  March 7, 1975,      Do.                     Do.
 County.                                        Emerg; July 5,
                                                1982, Reg; July
                                                4, 2011, Susp.
Leicester, Town of, Worcester          250313  July 22, 1975,      Do.                     Do.
 County.                                        Emerg; July 5,
                                                1982, Reg; July
                                                4, 2011, Susp.
Mendon, Town of, Worcester             250316  January 22, 1976,   Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Milford, Town of, Worcester            250317  August 11, 1975,    Do.                     Do.
 County.                                        Emerg; July 5,
                                                1984, Reg; July
                                                4, 2011, Susp.
Millbury, Town of, Worcester           250318  May 4, 1973,        Do.                     Do.
 County.                                        Emerg; July 2,
                                                1979, Reg; July
                                                4, 2011, Susp.
Millville, Town of, Worcester          250319  March 7, 1975,      Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Northborough, Town of,                 250321  June 10, 1975,      Do.                     Do.
 Worcester County.                              Emerg; November
                                                15, 1979, Reg;
                                                July 4, 2011,
                                                Susp.
Northbridge, Town of, Worcester        250322  January 24, 1975,   Do.                     Do.
 County.                                        Emerg; June 15,
                                                1983, Reg; July
                                                4, 2011, Susp.
Oxford, Town of, Worcester             250325  July 24, 1975,      Do.                     Do.
 County.                                        Emerg; January
                                                20, 1982, Reg;
                                                July 4, 2011,
                                                Susp.
Paxton, Town of, Worcester             250326  October 29, 1980,   Do.                     Do.
 County.                                        Emerg; February
                                                18, 1981, Reg;
                                                July 4, 2011,
                                                Susp.
Shrewsbury, Town of, Worcester         250332  April 11, 1975,     Do.                     Do.
 County.                                        Emerg; June 4,
                                                1980, Reg; July
                                                4, 2011, Susp.
Southborough, Town of,                 250333  August 11, 1975,    Do.                     Do.
 Worcester County.                              Emerg; October
                                                15, 1981, Reg;
                                                July 4, 2011,
                                                Susp.
Southbridge, Town of, Worcester        250334  May 14, 1974,       Do.                     Do.
 County.                                        Emerg; March 15,
                                                1982, Reg; July
                                                4, 2011, Susp.
Spencer, Town of, Worcester            250335  November 5, 1975,   Do.                     Do.
 County.                                        Emerg; July 2,
                                                1981, Reg; July
                                                4, 2011, Susp.
Sturbridge, Town of, Worcester         250337  July 22, 1975,      Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Sutton, Town of, Worcester             250338  May 29, 1975,       Do.                     Do.
 County.                                        Emerg; June 1,
                                                1982, Reg; July
                                                4, 2011, Susp.
Upton, Town of, Worcester              250340  September 2,        Do.                     Do.
 County.                                        1975, Emerg;
                                                August 2, 1982,
                                                Reg; July 4,
                                                2011, Susp.
Uxbridge, Town of, Worcester           250341  May 5, 1975,        Do.                     Do.
 County.                                        Emerg; June 1,
                                                1983, Reg; July
                                                4, 2011, Susp.
Webster, Town of, Worcester            250343  July 28, 1975,      Do.                     Do.
 County.                                        Emerg; July 5,
                                                1982, Reg; July
                                                4, 2011, Susp.
West Boylston, Town of,                250345  November 24,        Do.                     Do.
 Worcester County.                              1975, Emerg;
                                                July 2, 1981,
                                                Reg; July 4,
                                                2011, Susp.
Westborough, Town of, Worcester        250344  July 22, 1975,      Do.                     Do.
 County.                                        Emerg; May 15,
                                                1980, Reg; July
                                                4, 2011, Susp.
Worcester, City of, Worcester          250349  January 15, 1974,   Do.                     Do.
 County.                                        Emerg; August
                                                15, 1980, Reg;
                                                July 4, 2011,
                                                Susp.
           Region III

Pennsylvania: Driftwood,               420245  April 15, 1974,     Do.                     Do.
 Borough of, Cameron County.                    Emerg; July 16,
                                                1979, Reg; July
                                                4, 2011, Susp.
Emporium, Borough of, Cameron          420246  May 15, 1974,       Do.                     Do.
 County.                                        Emerg; February
                                                1, 1978, Reg;
                                                July 4, 2011,
                                                Susp.
Gibson, Township of, Cameron           421130  March 8, 1974,      Do.                     Do.
 County.                                        Emerg; September
                                                1, 1977, Reg;
                                                July 4, 2011,
                                                Susp.
Grove, Township of, Cameron            421128  March 4, 1974,      Do.                     Do.
 County.                                        Emerg; July 18,
                                                1977, Reg; July
                                                4, 2011, Susp.
Lumber, Township of, Cameron           421129  March 6, 1974,      Do.                     Do.
 County.                                        Emerg; January
                                                5, 1978, Reg;
                                                July 4, 2011,
                                                Susp.
Portage, Township of, Cameron          421132  March 8, 1974,      Do.                     Do.
 County.                                        Emerg; August
                                                15, 1978, Reg;
                                                July 4, 2011,
                                                Susp.
Shippen, Township of, Cameron          421103  March 11, 1974,     Do.                     Do.
 County.                                        Emerg; April 17,
                                                1978, Reg; July
                                                4, 2011, Susp.
West Virginia: Nicholas County,        540146  June 30, 1976,      Do.                     Do.
 Unincorporated Areas.                          Emerg; April 5,
                                                1994, Reg; July
                                                4, 2011, Susp.
Richmond, City of, Nicholas            540147  November 29,        Do.                     Do.
 County.                                        1974, Emerg;
                                                September 27,
                                                1991, Reg; July
                                                4, 2011, Susp.
Summersville, City of, Nicholas        540148  February 18,        Do.                     Do.
 County.                                        1975, Emerg;
                                                August 24, 1984,
                                                Reg; July 4,
                                                2011, Susp.
           Region IV

Florida: Caryville, Town of,           120321  July 9, 1975,       Do.                     Do.
 Washington County.                             Emerg; February
                                                4, 1988, Reg;
                                                July 4, 2011,
                                                Susp.

Chipley, City of, Washington           120325  January 16, 1975,   Do.                     Do.
 County.                                        Emerg; January
                                                1, 1987, Reg;
                                                July 4, 2011,
                                                Susp.
Ebro, Town of, Washington              120629  N/A, Emerg; March   Do.                     Do.
 County.                                        19, 1996, Reg;
                                                July 4, 2011,
                                                Susp.
Vernon, City of, Washington            120322  September 26,       Do.                     Do.
 County.                                        1975, Emerg;
                                                January 1, 1987,
                                                Reg; July 4,
                                                2011, Susp.
Washington County,                     120407  September 29,       Do.                     Do.
 Unincorporated Areas.                          1975, Emerg;
                                                June 17, 1991,
                                                Reg; July 4,
                                                2011, Susp.
Wausau, Town of, Washington            120632  N/A, Emerg; March   Do.                     Do.
 County.                                        30, 1998, Reg;
                                                July 4, 2011,
                                                Susp.
Kentucky: Allen County,                210267  February 10,        Do.                     Do.
 Unincorporated Areas.                          1994, Emerg;
                                                March 1, 1995,
                                                Reg; July 4,
                                                2011, Susp.
Boyle County, Unincorporated           210322  July 20, 1976,      Do.                     Do.
 Areas.                                         Emerg; May 15,
                                                1986, Reg; July
                                                4, 2011, Susp.
Danville, City of, Boyle County        210019  August 8, 1975,     Do.                     Do.
                                                Emerg; September
                                                27, 1985, Reg;
                                                July 4, 2011,
                                                Susp.
Junction City, City of, Boyle          210377  October 16, 1997,   Do.                     Do.
 County.                                        Emerg; September
                                                30, 1998, Reg;
                                                July 4, 2011,
                                                Susp.
Perryville, City of, Boyle             210020  July 21, 1975,      Do.                     Do.
 County.                                        Emerg; December
                                                3, 1987, Reg;
                                                July 4, 2011,
                                                Susp.
Scottsville, City of, Allen            210001  June 11, 1975,      Do.                     Do.
 County.                                        Emerg; September
                                                27, 1985, Reg;
                                                July 4, 2011,
                                                Susp.
Mississippi: Bay Springs, Town         280087  July 3, 1980,       Do.                     Do.
 of, Jasper County.                             Emerg; June 17,
                                                1986, Reg; July
                                                4, 2011, Susp.
Byhalia, Town of, Marshall             280112  April 29, 1975,     Do.                     Do.
 County.                                        Emerg; June 18,
                                                1987, Reg; July
                                                4, 2011, Susp.
Heidelberg, Town of, Jasper            280088  January 30, 1975,   Do.                     Do.
 County.                                        Emerg; January
                                                1, 1987, Reg;
                                                July 4, 2011,
                                                Susp.
Holly Springs, City of,                280113  March 11, 1975,     Do.                     Do.
 Marshall County.                               Emerg; August 5,
                                                1985, Reg; July
                                                4, 2011, Susp.
Jasper County, Unincorporated          280302  August 12, 2003,    Do.                     Do.
 Areas.                                         Emerg; December
                                                1, 2003, Reg;
                                                July 4, 2011,
                                                Susp.
Marshall County, Unincorporated        280274  August 4, 1986,     Do.                     Do.
 Areas.                                         Emerg; January
                                                17, 1991, Reg;
                                                July 4, 2011,
                                                Susp.
Potts Camp, Town of, Marshall          280114  March 31, 1975,     Do.                     Do.
 County.                                        Emerg; August 5,
                                                1985, Reg; July
                                                4, 2011, Susp.
            Region V

Indiana: Albany, Town of,              180314  June 13, 1975,      Do.                     Do.
 Delaware County.                               Emerg; June 15,
                                                1979, Reg; July
                                                4, 2011, Susp.
Delaware County, Unincorporated        180051  June 13, 1975,      Do.                     Do.
 Areas.                                         Emerg; March 16,
                                                1981, Reg; July
                                                4, 2011, Susp.
Eaton, Town of, Delaware County        180052  November 11,        Do.                     Do.
                                                1975, Emerg;
                                                June 15, 1979,
                                                Reg; July 4,
                                                2011, Susp.
Muncie, City of, Delaware              180053  April 4, 1975,      Do.                     Do.
 County.                                        Emerg; January
                                                16, 1981, Reg;
                                                July 4, 2011,
                                                Susp.
Yorktown, Town of, Delaware            180361  March 18, 1976,     Do.                     Do.
 County.                                        Emerg; March 16,
                                                1981, Reg; July
                                                4, 2011, Susp.
           Region VI

Arkansas: Conway County,               050426  January 7, 1983,    Do.                     Do.
 Unincorporated Areas.                          Emerg; June 3,
                                                1986, Reg; July
                                                4, 2011, Susp.
Morrilton, City of, Conway             050044  June 6, 1975,       Do.                     Do.
 County.                                        Emerg; March 15,
                                                1982, Reg; July
                                                4, 2011, Susp.
Plumerville, City of, Conway           050364  September 15,       Do.                     Do.
 County.                                        1983, Emerg;
                                                January 17,
                                                1986, Reg; July
                                                4, 2011, Susp.
Louisiana: Union Parish,               220359  May 1, 1979,        Do.                     Do.
 Unincorporated Areas.                          Emerg; March 1,
                                                1987, Reg; July
                                                4, 2011, Susp.
Oklahoma: Goodwell, Town of,           400383  June 6, 1980,       Do.                     Do.
 Texas County.                                  Emerg; January
                                                18, 1988, Reg;
                                                July 4, 2011,
                                                Susp.
Guymon, City of, Texas County..        400243  February 5, 1981,   Do.                     Do.
                                                Emerg; June 19,
                                                1985, Reg; July
                                                4, 2011, Susp.
           Region VII

Missouri: Holden, City of,             290714  October 14, 1996,   Do.                     Do.
 Johnson County.                                Emerg; March 1,
                                                2001, Reg; July
                                                4, 2011, Susp.
Knob Noster, City of, Johnson          290724  August 7, 1995,     Do.                     Do.
 County.                                        Emerg; November
                                                7, 2001, Reg;
                                                July 4, 2011,
                                                Susp.
Saint Mary, City of, Sainte            290326  November 9, 1973,   Do.                     Do.
 Genevieve County.                              Emerg; September
                                                15, 1977, Reg;
                                                July 4, 2011,
                                                Susp.
Sainte Genevieve, City of,             290325  December 19,        Do.                     Do.
 Sainte Genevieve County.                       1973, Emerg;
                                                September 30,
                                                1977, Reg; July
                                                4, 2011, Susp.

West Plains, City of, Howell           290166  December 19,        Do.                     Do.
 County.                                        1973, Emerg; May
                                                19, 1981, Reg;
                                                July 4, 2011,
                                                Susp.
Willow Springs, City of, Howell        290167  July 2, 1974,       Do.                     Do.
 County.                                        Emerg; August
                                                15, 1979, Reg;
                                                July 4, 2011,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
* Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: June 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-15520 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Page 42154]
[FR Doc No: 2011-18068]

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

SECURITIES AND EXCHANGE COMMISSION

 Order of Suspension of Trading; In the Matter of M.B.A.
Holdings, Inc., Medicor Ltd., MidgardXXI, Inc., MidNet, Inc., Nettel
Holdings, Inc., and Nexicon, Inc., File No. 500-1

July 14, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
M.B.A. Holdings, Inc. because it has not filed any periodic reports
since the period ended July 31, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Medicor Ltd. because it has not filed any periodic reports since the
period ended September 30, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
MidgardXXI, Inc. because it has not filed any periodic reports since
the period ended September 30, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
MidNet, Inc., because it has not filed any periodic reports since the
period ended September 30, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Nettel Holdings, Inc. because it has not filed any periodic reports
since it filed a registration statement on March 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Nexicon, Inc. because it has not filed any periodic reports since it
filed a registration statement on December 31, 2005.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m.
E.D.T. on July 14, 2011, through 11:59 p.m. E.D.T. on July 27, 2011.

    By the Commission.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-18068 Filed 7-14-11; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Rules and Regulations]
[Pages 79408-79411]
[FR Doc No: 2020-26915]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0542; Project Identifier AD-2020-00582-E;
Amendment 39-21351; AD 2020-25-09]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Division Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Pratt & Whitney Division (PW) PW4164, PW4164-1D, PW4168, PW4168-1D,
PW4168A, PW4168A-1D, and PW4170 model turbofan engines with a certain
outer combustion chamber assembly and 3rd stage low-pressure turbine
(LPT) duct segments installed. This AD was prompted by reports of
damaged or failed 3rd stage LPT duct segments on PW engines with the
Talon IIB outer combustion chamber assembly configuration installed.
This AD requires removing and replacing certain 3rd stage LPT duct
segments. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective January 14, 2021.

ADDRESSES: For service information identified in this final rule,
contact Pratt & Whitney Division, 400 Main Street East, Hartford, CT
06118; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>website:
https://fleetcare.pw.utc.com. You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
1200 District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0542.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0542; 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 final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Carol Nguyen, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all PW PW4164, PW4164-
1D, PW4168, PW4168-1D, PW4168A, PW4168A-1D, and PW4170 model turbofan
engines with a certain outer combustion chamber assembly and 3rd stage
LPT duct segments installed. The NPRM published in the Federal Register
on June 12, 2020 (85 FR 35812). The NPRM was prompted by multiple
reports of damaged or failed 3rd stage LPT duct segments that resulted
in engine surges, in-flight shutdowns, diversions, and air turnbacks.
The reports were attributed to elevated gas path temperature at the
outer diameter of the turbine flowpath and high-pressure turbine (HPT)
2nd stage blade outer air seal spallation, which led to the distortion
and liberation of 3rd stage LPT duct segments. In the NPRM, the FAA
proposed to require removing and replacing certain 3rd stage LPT duct
segments. The FAA is issuing this AD

to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from two commenters. The commenters were
Air Line Pilots Association, International (ALPA) and Delta Air Lines,
Inc. (Delta). ALPA supported the proposal without change. Delta
supported the proposal but recommended certain changes. The following
presents the comments received on the NPRM and the FAA's response to
each comment.

Request to the Revise Compliance or Definition

    Delta requested that the FAA revise paragraph (g) of this AD to
require replacement of duct segments that have operated with more than
2,500 cycles with a Talon IIB combustor. Alternatively, Delta requested
the FAA revise paragraph (i) of this AD to define an ``engine shop
visit'' as ``removal and disassembly of the HPT module.'' Delta noted
several industry events have occurred related to the failure of 3rd
stage LPT duct segments, also commonly called outer transition ducts
(OTDs), on PW4000-100 engines with Talon IIB combustors. Prior
information from the design approval holder indicates that industry
failures have occurred only on parts that have operated more than 3,000
flight cycles with a Talon IIB combustor.
    Delta further noted that paragraph (g) of the proposed rule would
require that duct segments with certain part numbers be removed and
replaced with new parts at every engine shop visit, defined in
paragraph (i) as the ``induction of an engine into the shop for
maintenance involving the separation of pairs of major mating
flanges.'' Per this definition, engines with few cycles in service
since prior OTD replacement would require installation of new hardware,
even for minor repairs where maintenance of the LPT would not have
otherwise been required.
    Additionally, Delta commented that OTD replacement requires
significant teardown of the LPT module, which will result substantial
fallout and repair costs for unrelated hardware. Delta reasoned that
the proposed rule would require repetitive replacement of low-time duct
segments at substantial financial burden to achieve minimal risk
reduction. Since industry experience has demonstrated duct segment
liberation to occur on hardware above 3,000 flight cycles, Delta
concluded that sufficient data should exist to establish an allowable
service life that maintains an acceptable level of safety.
    Delta also noted that while a cycle-based requirement would be
preferable, defining an engine shop visit as ``removal and disassembly
of the HPT module'' would maintain an acceptable level of safety. Delta
commented that requiring replacement of low-time duct segments during
minor repairs presents a substantial financial burden for minimal risk
reduction.
    The FAA disagrees with revising paragraph (g) or (i) of this AD.
Requiring removal of the 3rd stage LPT duct segments at the next HPT
overhaul does not adequately address the unsafe condition. The FAA's
risk assessment assumed that the 3rd stage LPT duct segments would be
replaced at every shop visit, which provides an acceptable level of
safety. Operators may propose to the FAA an alternative method of
compliance in accordance with paragraph (j) of this AD. The FAA did not
change this AD.

Request To Require Removed Duct Segments be Discarded, Scrapped, or
Mutilated

    Delta requested that the FAA revise paragraph (g) of this AD to
require that 3rd stage LPT duct segments that have been removed from
service be discarded, scrapped, or mutilated. Delta reasoned that the
rule would apply only to PW4000-100 engines with certain combustors,
but the subject part numbers are certified for installation in other
engine models. Delta expressed concern that without a requirement to
discard or scrap the removed duct segments, they could potentially be
installed in a PW4000-94 or non-Talon-IIB PW4000-100 engine or sold to
an operator without knowledge of their prior operation with a Talon IIB
combustor.
    The FAA disagrees with Delta's request. When parts are removed from
service due to an AD, they are unserviceable unless the AD specifies
otherwise. Unserviceable parts are not airworthy and should be disposed
of in a manner that does not allow them to be returned to service.
Operators must ensure only serviceable parts are installed on engines
before approving the aircraft for return to service. The FAA did not
change this AD.

Request To Include Available Fleet Data

    Delta requested that the FAA update the proposed rule to reflect
the available fleet data, which shows that failure of 3rd stage LPT
duct segments has only occurred after 3,000 cycles or greater in
operation on engines with a Talon IIB combustor. Delta stated that the
Discussion paragraph of the proposed rule does not provide prior
service history of LPT duct segments that have failed in-service. Delta
further noted that prior communications from the design approval holder
indicate that industry failures occurred on parts that operated 3,000
flight cycles or more under exposure to the higher-than-expected
temperatures with a Talon IIB combustor installed.
    The FAA disagrees. The Discussion paragraph of the NPRM provides an
adequate discussion of the failure in service of 3rd stage LPT duct
segments. The FAA did not change this AD.

Request To Update Service Information

    Delta requested that the FAA add PW Service Bulletin (SB) PW4G-100-
72-220 to the Related Service Information paragraph of this AD. Delta
noted that the accomplishment of SB PW4G-100-72-220 installs a Talon
IIB combustor, and 3rd stage duct segments operated on a post-SB engine
would be subject to the proposed rule as well.
    The FAA agrees and has added PW SB PW4G-100-72-220 to the Related
Service Information paragraph of this AD.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.

Related Service Information

    The FAA reviewed PW SB No. PW4G-100-72-214, dated December 15,
2011; PW SB No. PW4G-100-72-219, Revision 1, dated October 5, 2011; PW
SB No. PW4G-100-72-253, dated November 24, 2014; and PW SB No. PW4G-
100-72-220, Revision 4, dated September 30, 2011. PW SB No. PW4G-100-
72-214 introduces the Talon IIB outer combustion chamber assembly that
reduces the combustor exit temperature levels at the outer diameter of
the combustor. PW SB No. PW4G-100-72-219 describes procedures for
installing the Advantage70 engine upgrade kit to improve engine
reliability and fuel consumption, and to reduce maintenance costs. PW
SB No. PW4G-

100-72-253 describes procedures for replacing the outer combustion
chamber assembly waspaloy nuts. PW SB PW4G-100-72-220 describes
procedures for installing the Advantage70 engine upgrade kit to improve
engine reliability and fuel consumption, reduce maintenance costs, and
convert engine thrust rating.

Costs of Compliance

    The FAA estimates that this AD affects 99 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove and replace 3rd stage LPT duct   56 work-hours x $85 per          $85,000         $89,760      $8,886,240
 segments.                               hour = $4,760.
----------------------------------------------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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 Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-25-09 Pratt & Whitney Division: Amendment 39-21351; Docket No.
FAA-2020-0542; Project Identifier AD-2020-00582-E.

(a) Effective Date

    This airworthiness directive (AD) is effective January 14, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Pratt & Whitney Division (PW) PW4164,
PW4164-1D, PW4168, PW4168-1D, PW4168A, PW4168A-1D, and PW4170 model
turbofan engines that have 3rd stage low-pressure turbine (LPT) duct
segments, part number (P/N) 50N434-01 or P/N 50N450-01 installed,
and have the Talon IIB outer combustion chamber assembly, P/N 51J500
or P/N 51J381, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by reports of damaged or failed 3rd stage
LPT duct segments on PW engines with the Talon IIB outer combustion
chamber assembly configuration installed. The FAA is issuing this AD
to prevent failure of the 3rd stage LPT duct segments. The unsafe
condition, if not addressed, could result in uncontained release of
LPT blades and vanes, damage to the engine, and damage to the
airplane.

(f) Compliance

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

(g) Required Action

    At every engine shop visit after the effective date of this AD,
remove from service the 3rd stage LPT duct segments, P/N 50N434-01
and P/N 50N450-01, and replace them with parts with zero flight
cycles.

(h) Terminating Action

    Removal of the 3rd stage LPT duct segments, P/N 50N434-01 and P/
N 50N450-01, and their replacement with parts having P/Ns other than
P/N 50N434-01 and P/N 50N450-01, constitutes terminating action for
the repetitive replacement required by paragraph (g) of this AD.

(i) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges (lettered
flanges). The separation of engine flanges solely for the purpose of
transportation without subsequent engine maintenance does not
constitute an engine shop visit.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in Related Information. You may email your request to:
<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Carol Nguyen,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>

(l) Material Incorporated by Reference

    None.

    Issued on December 2, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-26915 Filed 12-9-20; 8:45 am]
BILLING CODE 4910-13-P