[Federal Register Volume 80, Number 3 (Tuesday, January 6, 2015)]
[Proposed Rules]
[Pages 419-421]
[FR Doc No: 2014-30910]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-1123; Directorate Identifier 2014-CE-037-AD]
RIN 2120-AA64

Airworthiness Directives; GA 8 Airvan (Pty) Ltd Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for GA
8 Airvan (Pty) Ltd Model GA8-TC320 airplanes. This proposed 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 missing required engine mount fire seal washers, which
could reduce the engine retention capability in the event of a fire. We
are issuing this proposed AD to require actions to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by February 20,
2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact GA
8 Airvan (Pty) Ltd, c/o GippsAero Pty Ltd, Attn: Technical Services,
P.O. Box 881, Morwell Victoria 3840, Australia; telephone: + 61 03 5172
1200; fax: +61 03 5172 1201; email<EMAIL_ADDRESS>Internet:
http://www.gippsaero.com/customer-support/technical-publications.aspx.
You may review this referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
1123; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-1123;
Directorate Identifier 2014-CE-037-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Civil Aviation Safety Authority (CASA), which is the aviation
authority for Australia, has issued AD No. AD/GA8/8, dated November 24,
2014 (referred to after this as ``the MCAI''), to correct an unsafe
condition for GA 8 Airvan (Pty) Ltd Model GA8-TC320 airplanes and was
based on mandatory continuing airworthiness information originated by
an aviation authority of another country. The MCAI states:

A recent review of the engine mount installation on the GA8-TC 320
aircraft has highlighted the omission of engine mount fire seal
washers during the assembly process.
The current engine mount configuration does not meet the
certification basis for the aircraft, specifically regulation 23.865
of the Federal Aviation Regulations of the United States of America,
where engine mounts located in designated fire zones are required to
be suitably shielded so that they are capable of withstanding the
effects of a fire.
The Gippsland Aeronautics GA8-TC 320 aircraft require the
installation of an approved steel washer at each of the engine mount
locations to address a potential risk of reduced engine retention
capability in the event of a fire.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2014-1123.

Relevant Service Information

    GippsAero has issued Mandatory Service Bulletin SB-GA8-2014-115,
Issue 1, dated October 6, 2014. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI. The service information describes procedures for inspecting
the orientation of the engine isolator mounts to verify proper
installation, re-installing if necessary, and installing steel washers
on the forward side of each side of the engine isolator mounts.

FAA's Determination and Requirements of the Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD will affect 13 products of U.S.
registry. We also estimate that it would take about 5 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $10 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $5,655, or $435 per product.
    According to the manufacturer, all of the costs of this proposed AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701:

General requirements.'' Under that section, Congress charges the FAA
with promoting safe flight of civil aircraft in air commerce by
prescribing regulations for practices, methods, and procedures the
Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it addresses
an unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by adding the following new AD:

GA 8 Airvan (Pty) Ltd: Docket No. FAA-2014-1123; Directorate
Identifier 2014-CE-037-AD.

(a) Comments Due Date

    We must receive comments by February 20, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to GA8 Airvan (Pty) Ltd GA8-TC320 airplanes, all
serial numbers affected, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 71: Power Plant.

(e) Reason

    This AD was prompted by 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 missing required
engine mount fire seal washers, which could reduce the engine
retention capability in the event of a fire. We are issuing this AD
to inspect the engine mounts to verify they have been installed with
the correct orientation and install steel washers at each isolator
mount location, which, if not done, could result in reduced engine
retention capability in the event of a fire.

 (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) through (f)(4) of this AD:
    (1) Within the next 300 hours time-in-service after the
effective date of this AD or within the next 12 months after the
effective date of this AD, whichever occurs first, inspect the
orientation of the engine isolator mounts to verify that the mounts
have been installed properly following the Accomplishment
Instructions in GippsAero Mandatory Service Bulletin SB-GA8-2014-
115, Issue 1, dated October 6, 2014.
    (2) Before reinstalling the engine isolator mounts following the
inspection required in paragraph (f)(1) of this AD, before further
flight, install a part number J-2218-61 steel washer on the forward
side of each of the four engine isolator mounts, following the
Accomplishment Instructions in GippsAero Mandatory Service Bulletin
SB-GA8-2014-115, Issue 1, dated October 6, 2014.
    (3) If after the inspection required in paragraph (f)(1) of this
AD, any of the engine isolator mounts are found to not comply with
the specifications found in the Accomplishment Instructions of
GippsAero Mandatory Service Bulletin SB-GA8-2014-115, Issue 1, dated
October 6, 2014, before further flight, re-install the isolators to
the correct orientation, or if damage is found, replace with
airworthy parts.

 (g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
    (2) 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.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI Civil Aviation Safety Authority (CASA) AD No. AD/
GA8/8, dated November 24, 2014. You may examine the MCAI on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2014-1123. For service information related to this
AD, contact GA 8 Airvan (Pty) Ltd, c/o GippsAero Pty Ltd, Attn:
Technical Services, P.O. Box 881, Morwell Victoria 3840, Australia;
telephone: + 61 03 5172 1200; fax: +61 03 5172 1201; email:
<EMAIL_ADDRESS>Internet: http://www.gippsaero.com/customer-support/technical-publications.aspx. You may review this referenced
service information at the FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on December 29, 2014.
Robert Busto,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-30910 Filed 1-5-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 26, 2010 (Volume 75, Number 142)]
[Notices]
[Page 43582-43584]
[DOCID:fr26jy10-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62514; File No. SR-EDGA-2010-02]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Order
Approving a Proposed Rule Change Relating to Direct Edge, Inc.

July 16, 2010.

I. Introduction

    On June 3, 2010, EDGA Exchange, Inc. (``EDGA'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
relating to a corporate reorganization (``Corporate Reorganization'')
in which the Exchange will become a wholly-owned subsidiary of Direct
Edge, Inc. (``DEI''). The proposed rule change was published for
comment in the Federal Register on June 16, 2010.\3\ The Commission
received no comments regarding the proposal. This order approves the
proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62255 (June 10,
2010), 75 FR 34189.
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II. Description of the Proposal

    Currently, the Exchange is a wholly-owned subsidiary of Direct Edge
Holdings, LLC (``DE Holdings'').\4\ DE Holdings, a Delaware limited
liability company, is overseen by a Board of Managers, and ownership in
DE Holdings is represented by limited liability membership interests.
The Fourth Amended and Restated Limited Liability Company Operating
Agreement of DE Holdings (``DE Holdings Operating Agreement'') refers
to the holders of these membership interests as ``Members.'' \5\
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    \4\ The Amended and Restated Bylaws of EDGA (``Exchange
Bylaws'') identify this ownership structure. See Exchange Bylaws,
Article I(kk). Any changes to the Exchange Bylaws, including a
change to the provision that identifies DE Holdings as the sole
owner of the Exchange, must be filed with the Commission pursuant to
Section 19 of the Act. See 15 U.S.C. 78s. See also Securities
Exchange Act Release No. 61698 (March 12, 2010), 75 FR 13151 (March
18, 2010) (File Nos. 10-194 and 10-196) (order granting the exchange
registration applications of the Exchange and EDGX Exchange, Inc.
(``EDGX'')) (``Order''), at note 77 and accompanying text.
    \5\ DE Holdings is described in greater detail in the Order,
supra note 4.
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    The Exchange proposes a Corporate Reorganization in which DE
Holdings will transfer all of its equity interest in the Exchange to
DEI, a Delaware corporation.\6\ As a result, the Exchange will be a
direct, wholly-owned subsidiary of DEI following the Corporate
Reorganization. DEI, in turn, will be a direct, wholly-owned subsidiary
of DE Holdings, and DE Holdings will be the sole stockholder of DEI.
The self-regulatory functions of the Exchange will remain with the
Exchange following the Corporate Reorganization. Direct Edge ECN, LLC
d/b/a DE Route, the Exchange's routing broker/dealer, will continue to
be a wholly-owned subsidiary of DE Holdings.
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    \6\ The Exchange's affiliate exchange, EDGX, also will become a
wholly-owned subsidiary of DEI. See Securities Exchange Act Release
No. 62515 (July 16, 2010) (order approving File No. SR-EDGX-2010-
02).
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    The Exchange has included in its proposal the Certificate of
Incorporation of DEI (``DEI Certificate''); the Bylaws of DEI (``DEI
Bylaws''); and changes to the Amended and Restated Bylaws of EDGX
(``Exchange Bylaws'') to indicate that DEI will be the sole stockholder
of the Exchange.

III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\7\ In
particular, the Commission finds that the proposal is consistent with
Section 6(b) of the Act,\8\ in general, and furthers the objectives of
Section 6(b)(1) of the Act,\9\ in particular, in that it is designed to
enable the Exchange to be so organized as to have the capacity to be
able to carry out the purposes of the Act and to comply, and to enforce
compliance by its members and persons associated with its members with
the provisions of the Act, the rules and regulations thereunder, and
the rules of the Exchange. In addition, the Commission finds that the
proposal is consistent with Section 6(b)(5) of the Act\10\ in that it
will result in an exchange governance structure 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 a national market system, and,
in general, to protect investors and the public interest. In
particular, the Commission believes that

the corporate governing documents of DEI, DE Holdings, and the Exchange
are designed to protect and maintain the integrity of the self-
regulatory functions of the Exchange and to facilitate the ability of
the Exchange and the Commission to carry out their regulatory and
oversight obligations under the Act. Finally, the Commission finds that
the proposal is consistent with the requirement under Section 6(b)(3)
of the Act\11\ that the rules of an exchange assure fair representation
of the exchange's members in the selection of its directors and
administration of its affairs.
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    \7\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(1).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 15 U.S.C. 78f(b)(3).
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A. DEI

    Following the Corporate Reorganization, DEI will be the sole
stockholder of the Exchange.\12\ Although DEI will not carry out any
regulatory functions, its activities with respect to the operation of
the Exchange must be consistent with, and must not interfere with, the
self-regulatory obligations of the Exchange. The DEI Certificate and
DEI Bylaws include certain provisions that are designed to maintain the
independence of the Exchange's self-regulatory function from DEI,
enable the Exchange to operate in a manner that complies with the
Federal securities laws, including the objectives of Sections 6(b) and
19(g) of the Act,\13\ and facilitate the ability of the Exchange and
the Commission to fulfill their regulatory and oversight obligations
under the Act.
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    \12\ See Exchange Bylaws, Article I(kk).
    \13\ 15 U.S.C. 78f(b) and 15 U.S.C. 78s(g).
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    For example, DEI submits to the jurisdiction of the Commission and
the Exchange with respect to activities relating to the Exchange,\14\
and agrees to provide the Commission and the Exchange with access to
its books and records that are related to the operation or
administration of the Exchange.\15\ In addition, to the extent they are
related to the operation or administration of the Exchange, the books,
records, premises, officers, directors, agents, and employees of DEI
will be deemed to be the books, records, premises, officers, directors,
agents, and employees of the Exchange for the purpose of, and subject
to oversight pursuant to, the Act.\16\ DEI also agrees to keep
confidential non-public information relating to the self-regulatory
function\17\ of the Exchange and not to use such information for any
non-regulatory purpose.\18\ In addition, the Board of Directors of DEI,
and DEI's officers, employees, and agents, are required to give due
regard to the preservation of the independence of the self-regulatory
function of the Exchange.\19\
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    \14\ See DEI Bylaws, Article VII, Section 7.3.
    \15\ See DEI Bylaws, Article V, Section 5.8(b).
    \16\ Id.
    \17\ This requirement to keep confidential non-public
information relating to the self-regulatory function of the Exchange
will not limit the Commission's or the Exchange's ability to access
and examine such information or limit the ability of any officers,
directors, agents, or employees of DEI to disclosure such
information to the Commission or to the Exchange. See DEI Bylaws,
Article V, Section 5.8(a).
    \18\ See DEI Bylaws, Article VII, Section 7.1.
    \19\ See DEI Bylaws, Article V, Section 5.8(b).
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    Article VII, Section 7.7 of the DE Holdings Operating Agreement
requires the approval of the DE Holdings Board of Managers and/or
Members of DE Holdings in connection with certain actions taken by DE
Holdings or a subsidiary of DE Holdings. Article SIXTH of the DEI
Certificate states that any action that specifically requires the
approval of the DE Holdings Board of Managers and/or Members of DE
Holdings pursuant to Article VII, Section 7.7 of the DE Holdings
Operating Agreement will require the approval of the stockholders of
DEI.\20\ Article SIXTH of the DEI Certificate further provides,
however, that nothing contained in Article VII, Section 7.7 of the DE
Holdings Operating Agreement will be applicable where the application
of that provision would interfere with the effectuation of any
decisions of the DEI Board of Directors (``DEI Board'') relating to
regulatory functions of the Exchange (including disciplinary matters)
or the structure of the market the Exchange regulates, or would
interfere with the ability of the Exchange to carry out its
responsibilities under the Act or to oversee the structure of the
market the Exchange regulates.\21\ For as long as DEI directly or
indirectly controls the Exchange, any change to the DEI Certificate
must be submitted to the Exchange's Board of Directors (``Exchange
Board'') and, if the amendment is required to be filed with the
Commission pursuant to Section 19(b) of the Act, the change will not be
effective until filed with, or filed with and approved by, the
Commission.\22\
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    \20\ See DEI Certificate, Article SIXTH(1).
    \21\ See DEI Certificate, Article SIXTH(2).
    \22\ See DEI Certificate, Article EIGHTH(3).
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    The Commission finds that these provisions in the DEI Bylaws and
DEI Certificate are consistent with the Act, and that they will assist
the Exchange in fulfilling its self-regulatory obligations and in
administering and complying with the requirements of the Act.

B. DE Holdings

    In the Corporate Reorganization, DE Holdings, which currently is
the sole stockholder of the Exchange, will transfer its stock in the
Exchange to DE Holdings' wholly-owned subsidiary, DEI, which will
become the sole stockholder of the Exchange. Accordingly, DE Holdings
will be an indirect owner of the Exchange following the Corporate
Reorganization. Although DE Holdings will not carry out any regulatory
functions, its activities with respect to the operation of the Exchange
must be consistent with, and not interfere with, the self-regulatory
obligations of the Exchange.
    The DE Holdings Operating Agreement, which the Commission reviewed
in connection with the Exchange's application for registration as a
national securities exchange,\23\ includes certain provisions that are
designed to maintain the independence of the Exchange's self-regulatory
function from DE Holdings, enable the Exchange to operate in a manner
that complies with the Federal securities laws, including the
objectives of Sections 6(b) and 19(g) of the Act, and facilitate the
ability of the Exchange and the Commission to fulfill their regulatory
and oversight obligations under the Act. For example, the DE Holdings
Operating Agreement provides that, for so long as DE Holdings directly
or indirectly controls the Exchange, the Managers, officers, employees,
and agents of DE Holdings shall give due regard to the preservation of
the independence of the self-regulatory function of the Exchange and
shall not take any actions that would interfere with the effectuation
of any decisions by the Exchange Board relating to the Exchange's
regulatory functions (including disciplinary matters) or which would
interfere with the ability of the Exchange to carry out its
responsibilities under the Act.\24\
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    \23\ See Order, supra note 4.
    \24\ See DE Holdings Operating Agreement Article XIV, Section
14.1. In addition, the DE Holdings Operating Agreement further
specifies, among other things, that: (1) DE Holdings and its
officers, Managers, employees, and agents submit to the Commission's
and the Exchange's jurisdiction with respect to activities relating
to the Exchange; (2) DE Holdings agrees to retain in confidence
information in the books and records of the Exchange reflecting
confidential information pertaining to the self-regulatory function
of the Exchange (including disciplinary matters, trading data,
trading practices, and audit information) that comes into DE
Holdings' possession; (3) the books, records, premises, officers,
Managers, agents, and employees of DE Holdings are deemed to be the
books, records, premises, officers, Managers, agents, and employees
of the Exchange for purposes of, and subject to oversight pursuant
to, the Act, to the extent that they are related to the operation or
administration of the Exchange; and (4) DE Holdings agrees to
provide the Commission and the Exchange with access to DE Holdings'
books and records that are related to the operation or
administration of the Exchange for so long as DE Holdings directly
or indirectly controls the Exchange. See DE Holdings Operating
Agreement, Article XI, Section 14.3; and Article XI, Section 11.2.
For a more complete discussion of the DE Holdings Operating
Agreement, see Order, supra note 4, at notes 40--47 and accompanying
text.

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    The Commission notes that the Exchange is not proposing to amend
the DE Holdings Operating Agreement.\25\ Accordingly, the DE Holdings
Operating Agreement that the Commission reviewed in connection with the
Exchange's application for registration as a national securities
exchange, including the provisions in the DE Holdings Operating
Agreement relating to the self-regulatory function of the Exchange,
will remain in place following the Corporate Reorganization.
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    \25\ For as long as DE Holdings directly or indirectly controls
the Exchange, any changes to the DE Holdings Operating Agreement
must be submitted to the Exchange Board and, if the Exchange Board
determines that such amendment is required to be filed with the
Commission pursuant to Section 19(b) of the Act, such change will
not be effective until filed with, or filed with and approved by,
the Commission. See DE Holdings Operating Agreement, Article XV,
Section 15.2(b). See also Order, supra note 4, at note 47 and
accompanying text.
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C. Ownership and Control of the Exchange, DEI, and DE Holdings

    Following the Corporate Reorganization, DEI will be the sole
stockholder of the Exchange. The Exchange Bylaws identify this
ownership structure.\26\ Any changes to the Exchange Bylaws, including
any change in the provision that identifies DEI as the sole stockholder
of the Exchange, must be filed with and approved by the Commission
pursuant to Section 19 of the Act.\27\ Similarly, the DEI Certificate
identifies DE Holdings as the sole stockholder of DEI.\28\ For as long
as DEI directly or indirectly controls the Exchange, any amendment to
the DEI Certificate, including an amendment to the provision that
identifies DE Holdings as the sole stockholder of DEI, must be
submitted to the Exchange Board and, if the Exchange Board determines
that the amendment must be filed with, or filed with and approved by
the Commission, before the amendment may be effective under Section 19
of the Act, then the proposed amendment will not be effective until it
is filed with, or filed with and approved by, the Commission.\29\
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    \26\ See Exchange Bylaws, Article I(kk).
    \27\ See 15 U.S.C. 78s.
    \28\ See DEI Certificate, Article EIGHTH(4).
    \29\ See DEI Certificate, Article EIGHTH(3).
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    In addition, as discussed in greater detail in the Order,\30\ the
DE Holdings Operating Agreement includes restrictions on the ability to
own and vote the capital stock of DE Holdings.\31\ These limitations
apply for so long as DE Holdings directly or indirectly controls the
Exchange.\32\ The limitations, which are designed to prevent any Member
of DE Holdings from exercising undue control over the operation of the
Exchange and to assure that the Exchange and the Commission are able to
effectively carry out their regulatory and oversight obligations under
the Act, generally prohibit any person, other than International
Securities Exchange Holdings, Inc., from owning interests representing
more than 40% of DE Holdings or from voting interests representing more
than 20% of DE Holdings. In addition, the limitations prohibit any
member of the Exchange from owning interests representing more than 20%
of DE Holdings.
---------------------------------------------------------------------------

    \30\ See Order, supra note 4, at notes 65-88 and accompanying
text.
    \31\ See DE Holdings Operating Agreement, Article XII.
    \32\ See DE Holdings Operating Agreement, Article XII, Section
12.1(a).
---------------------------------------------------------------------------

    The Commission believes that these provisions in the governing
documents of the Exchange, DEI, and DE Holdings should minimize the
potential that a person could improperly interfere with or restrict the
ability of the Commission or the Exchange to effectively carry out
their regulatory and oversight responsibilities under the Act.

D. Electing Directors and Certain Committee Members of the Exchange

    Currently, the DE Holdings Operating Agreement requires DE
Holdings, in its capacity as the sole stockholder of the Exchange, to
vote all of the outstanding equity of the Exchange owned by DE Holdings
and entitled to vote in an election to be voted in favor of the
election of (1) those directors nominated by the Nominating Committee
of the Exchange (``Exchange Nominating Committee''); and (2) those
nominees for the Exchange Nominating Committee and the Exchange Member
Nominating Committee nominated in accordance with the governance
documents of the Exchange.\33\ Because DE Holdings will no longer be a
stockholder of the Exchange following the Corporate Reorganization, the
Exchange notes that these requirements will no longer apply to DE
Holdings.
---------------------------------------------------------------------------

    \33\ See DE Holdings Operating Agreement, Article VII, Section
7.3(b).
---------------------------------------------------------------------------

    However, the DEI Bylaws require DEI, in its capacity as the sole
stockholder of the Exchange, to cause all outstanding equity of the
Exchange owned by DEI and entitled to vote in an election to be voted
in favor of the election of (1) those directors nominated by the
Exchange Nominating Committee; and (2) those nominees for the Exchange
Nominating Committee and the Exchange Member Nominating Committee
nominated in accordance with the governance documents of the
Exchange.\34\ Through these requirements in the DEI Bylaws, the
Commission believes that the same procedures governing the election of
Exchange directors and Exchange member directors that the Commission
approved in the Order will continue to apply following the Corporate
Reorganization.\35\ Accordingly, the Commission finds that the proposal
is consistent with the requirement in Section 6(b)(3) of the Act that
the rules of the Exchange provide for the fair representation of its
members in the selection of directors and the administration of the
Exchange.
---------------------------------------------------------------------------

    \34\ See DEI Bylaws, Article II, Section 2.15(b).
    \35\ See Order, supra note 4, at notes 94--120 and accompanying
text, for a discussion of the Exchange's procedures for nominating
directors and Exchange member directors.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\36\ that the proposed rule change (File No. SR-ED\37\GA-2010-02)
is approved.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78s(b)(2).
    \37\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-18157 Filed 7-23-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: April 13, 2006 (Volume 71, Number 71)]
[Notices]
[Page 19182]
[DOCID:fr13ap06-73]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. PR06-4-000 and PR06-4-001]

J-W Pipeline Company; Notice of Shortened Comment Period

April 6, 2006.
    Take notice that on April 4, 2006, J-W Pipeline Company filed an
Offer of Settlement in the above-docketed proceeding. Included in its
filing was a request to shorten the period for filing initial and reply
comments in response to the Offer of Settlement.
    Because no protests were filed in this docket and the Commission
Staff supports the Offer of Settlement, we are shortening the date for
filing initial comments to and including April 11, 2006. Reply comments
should be filed on or before April 13, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5448 Filed 4-12-06; 8:45 am]

BILLING CODE 6717-01-P


List of Documents Submitted by the State of West Virginia
   * Letter from Randy Huffman, Cabinet Secretary, West Virginia Department of Environmental Protection to Mr. Shawn M. Garvin, Regional Administrator, U.S. EPA, Region III (3RAOO), Philadelphia, PA 19103-2029

   * Final West Virginia State Implementation Plan Revision for Clean Air Act Section 110(a)(2)(A)-(M) Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards


[Federal Register: February 28, 2007 (Volume 72, Number 39)]
[Notices]
[Page 8982-8983]
[DOCID:fr28fe07-56]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-84-000]

Viking Gas Transmission Company; Notice of Application

February 22, 2007.
    Take notice that on February 15, 2007, Viking Gas Transmission
Company (Viking), 13710 FNB Parkway, Omaha, Nebraska 68154, filed in
Docket No. CP07-84-000, an application pursuant to section 7(b) of the
Natural Gas Act, for an order to abandon in place Compressor Unit 1A,
with appurtenances at the Hallock Compressor Station located in Kittson
County, Minnesota, all as more fully set forth in the application which
is on file with the Commission and open to public inspection. This
filing is available for review at the Commission in the Public
Reference Room or 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 field to
access the document. For assistance, call<PHONE_NUMBER> or TTY, (202)
208-3676.
    Any questions regarding this application should be directed to
Patricia Anderson, General Manager Rates, Regulatory Affairs, ONEOK
Partners GP, L.L.C., 100 West 5th Street, 12th Floor Tulsa, OK 74103,
phone:<PHONE_NUMBER>.
    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party

to the proceedings for this project should, on or before the comment
date stated below, file with the Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426, a motion to intervene in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
NGA (18 CFR 157.10). A person obtaining party status will be placed on
the service list maintained by the Secretary of the Commission and will
receive copies of all documents filed by the applicant and by all other
parties. A party must submit 14 copies of filings made with the
Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments
protests and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's web
(http://www.ferc.gov) site under the ``e-Filing'' link.

    Comment Date: March 15, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-3487 Filed 2-27-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37728-37729]
[FR Doc No: 2015-16064]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]

Notice of Intent To Grant a Buy America Waiver to the Rhode
Island Department of Transportation and the National Railroad Passenger
Corporation for the Purchase of Two Turnouts and One Crossover

AGENCY: Federal Railroad Administration (FRA), United States Department
of Transportation (DOT).

ACTION: Notice of intent to grant Buy America waiver.

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

SUMMARY: FRA is issuing this notice to advise the public that it
intends to grant the Rhode Island Department of Transportation (RIDOT)
and the National Railroad Passenger Corporation (Amtrak), a waiver from
FRA's Buy America requirement under 49 U.S.C. 24405(a)(2)(B) for the
purchase of one No. 20 RH 136RE Turnout, one No. 20 LH 136RE Turnout,
and one No. 20 LH Crossover 136RE (Turnouts and Crossover) manufactured
by VAE Nortrak North America, Inc. at its plant in Birmingham, Alabama,
for use in the Kingston Track Capacity and Platform Improvements
Project (Kingston Project). Nortrak will manufacture the Turnouts and
Crossover at its plant in Birmingham, Alabama. The Turnouts and
Crossover will contain four components (ZU1-60 steel left and right
switch point rail sections and Schwihag roller assemblies and plates)
not produced in the U.S. The roller assemblies and plates are
manufactured in Switzerland, and the ZUl-60 steel switch point rail
sections are manufactured in Austria. The total amount of foreign
material under this waiver request amounts to approximately $126,000.
The foreign material comprises approximately 8 percent of the Turnouts'
$350,000 cost or approximately $56,000 and 10 percent of the
Crossover's $700,000 cost or approximately $70,000. FRA believes a
waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the ZUI-60
steel switch point rail sections and roller assemblies and plates
because domestically-produced components meeting the specific needs of
RIDOT and Amtrak are not currently produced in the U.S.

DATES: Written comments on FRA's determination to grant RIDOT's and
Amtrak's Buy America waiver request should be provided to the FRA on or
before July 6, 2015.

ADDRESSES: Please submit your comments by one of the following means,
identifying your submissions by docket number FRA-2012-0033. All
electronic submissions must be made to the U.S. Government electronic
site at http://www.regulations.gov. Commenters should follow the
instructions below for mailed and hand-delivered comments.
    (1) Web site: http://www.regulations.gov. Follow the instructions
for submitting comments on the U.S. Government electronic docket site;
    (2) Fax:<PHONE_NUMBER>;
    (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Docket Operations, M-30, Room W12-140, Washington, DC 20590-0001;
or
    (4) Hand Delivery: Room W12-140 on the first floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must make reference to the ``Federal
Railroad Administration'' and include docket number FRA-2012-0033. Due
to security procedures in effect since October 2001, mail received
through the U.S. Postal Service may be subject to delays. Parties
making submissions responsive to this notice should consider using an
express mail firm to ensure the prompt filing of any submissions not
filed electronically or by hand. Note that all submissions received,
including any personal information therein, will be posted without
change or alteration to http://www.regulations.gov. For more
information, you may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477), or visit
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor,
FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 25,
Washington, DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The letter granting RIDOT's and Amtrak's
request is quoted below:

Mr. Bernard Reynolds
Vice President and Chief Procurement Officer
National Railroad Passenger Corporation (Amtrak)
60 Massachusetts Avenue NE
Washington, D.C.

Mr. Michael Lewis
Director
Rhode Island Department of Transportation
Two Capitol Hill
Providence, RI 02903

Re: Request for Waiver of Buy America Requirement

Dear Mr. Reynolds and Mr. Lewis:
    On January 26, 2015, the Rhode Island Department of Transportation
(RIDOT) and the National Railroad Passenger Corporation (Amtrak)
requested a waiver from FRA's Buy America requirement to purchase one
(1) No. 20 RH 136RE turnout, one (1) No. 20 LH 136RE Turnout, and one
(1) No. 20 LH Crossover 136RE (Turnouts and Crossover) manufactured by
VAE Nortrak North America, Inc. (Nortrak) for use in the Kingston Track
Capacity and Platform Improvements Project (Kingston Project). Nortrak
will manufacture the Turnouts and Crossover at its plant in Birmingham,
Alabama, but the Turnouts and Crossover will contain several components
(ZU1-60 steel left and right switch point rail sections and Schwihag
roller assemblies and plates) not produced in the United States. The
total amount of foreign material is approximately $126,000. For the
reasons set forth below, FRA is granting a waiver for the purchase of
the Turnouts and Crossover.
    FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B)
for the ZUI-60 steel switch point rail sections and Schwihag roller
assemblies and plates because domestically-produced components meeting
the specific needs of RIDOT and Amtrak for this application are not
currently ``produced in sufficient and reasonably available amount or
are not of a satisfactory quality.''
    Amtrak has conducted significant market research to locate 100
percent compliant turnouts. Further, Nortrak has advised Amtrak that it
is in the process of designing 100% domestic replacements for the
Schwihag rollers and plates, and expects to have them fully tested and
approved in one to two years. However, Nortrak will not complete the
testing and approval process in time for use in the Kingston Project.
In addition, Amtrak issued a competitive solicitation for the Turnouts
and Crossover and received no Buy America compliant bids.
    On January 30, 2015, FRA provided public notice of this waiver
request and a 15-day opportunity for comment on its Web site. FRA also
sent an email notice to over 6,000 persons who have signed up for Buy
America notices through ``GovDelivery.'' See http://www.fra.dot.gov/Page/P0782. FRA received no comments.
    This waiver applies only to the ZUI-60 steel switch point rail
sections and

Schwihag roller assemblies and plates used in the Turnouts and
Crossover installed in the Kingston Project. Pursuant to 49 U.S.C.
24405(a)(4), FRA will publish this letter granting Amtrak's and RIDOT's
request in the Federal Register and provide notice of such finding and
an opportunity for public comment after which this waiver will become
effective.
    Questions about this letter can be directed to, John Johnson,
Attorney-Advisor, at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

Sincerely,

Sarah Feinberg
Acting Administrator

    Issued in Washington, DC, on June 22, 2015.
Sarah L. Inderbitzin,
Deputy Chief Counsel.
[FR Doc. 2015-16064 Filed 6-30-15; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Proposed Rules]
[Pages 59291-59292]
[FR Doc No: 2013-23454]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0342; Directorate Identifier 2013-NE-14-AD]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co. KG
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Rolls-Royce Deutschland Ltd & Co. KG (RRD) Tay 620-15, 650-15, and 651-
54 turbofan engines. This proposed AD was prompted by the discovery
that the low-pressure compressor (LPC) fan blades leading edges erode
in service and create an unacceptable blade flutter margin. This
proposed AD would require replacement of LPC fan blades. We are
proposing this AD to prevent LPC fan blade failure, damage to the
engine, and damage to the airplane.

DATES: We must receive comments on this proposed AD by November 25,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827
Blankenfelde-Mahlow, Germany; phone: 49 0 33-7086-1200 (direct 1016);
fax: 49 0 33-7086-1212. You may view this service information at the
FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 this proposed AD, the mandatory
continuing airworthiness information (MCAI), the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (phone:<PHONE_NUMBER>) is the same as the
Mail address provided in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0342;
Directorate Identifier 2013-NE-14-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2013-0143, dated July 12, 2013 (referred to hereinafter as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Service history of Tay series engines discovered that low
pressure compressor (LPC) fan blade leading edge could be subject of
excessive deterioration. The LPC fan blade leading edge profile
influences the LPC aerodynamic characteristics and stability. This
condition, if not corrected, could reduce fan flutter margin and, in
some cases, could lead to fan blade failure, possibly resulting in
uncontained release of high energy debris with consequent damage to,
and/or reduced control of, the aeroplane.

You may obtain further information by examining the MCAI in the AD
docket. Service-history-relevant failure cases and a standard leading
edge erosion rate profile analysis support the requirement for
replacement of fan blades at the cycle intervals listed in the proposed
AD, to maintain an acceptable fan flutter margin. We are proposing this
AD to prevent LPC fan blade failure, damage to the engine, and damage
to the airplane.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of
Germany, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the European Community, EASA has
notified us of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design. This proposed AD would require replacement of LPC
fan blades at specific intervals.

Costs of Compliance

    We estimate that this proposed AD affects 52 engines installed on
airplanes

of U.S. registry. We also estimate that it would take about six hours
per engine to replace the LPC fan blades. The average labor rate is $85
per hour. Required parts cost about $11,000 per engine. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $598,520.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Rolls-Royce Deutschland Ltd & Co KG (Formerly Rolls-Royce
Deutschland GmbH, formerly Rolls-Royce plc): Docket No. FAA-2013-
0342; Directorate Identifier 2013-NE-14-AD.

(a) Comments Due Date

    We must receive comments by November 25, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co. KG (RRD)
Tay 620-15, 650-15, and 651-54 turbofan engines.

(d) Reason

    This AD was prompted by the discovery that the low-pressure
compressor (LPC) fan blades leading edges erode in service and
create an unacceptable blade flutter margin. We are issuing this AD
to prevent LPC fan blade failure, damage to the engine, and damage
to the airplane.

(e) Actions and Compliance

    Unless already done, do the following actions:
    (1) For Tay 620-15 engines, replace the complete set of LPC fan
blades with a set eligible for installation as follows:
    (i) If on the effective date of this AD, the LPC fan blades:
    (A) Have less than 10,000 flight cycles since new (FCSN) or
flight cycles since last repair (FCSLR), replace the blades before
accumulating 12,000 FCSN or FCSLR.
    (B) Have 10,000 or more FCSN or FCSLR, replace the blades within
2,000 flight cycles (FC).
    (ii) Thereafter, replace the LPC fan blades within 12,000 FCSN
or FCSLR.
    (2) For Tay 650-15 and Tay 651-54 engines, replace the complete
set of LPC fan blades with a set eligible for installation as
follows:
    (i) If on the effective date of this AD, the LPC fan blades
    (A) Have less than 8,000 FCSN or FCSLR, replace the blades
before accumulating 10,000 FCSN or FCSLR.
    (B) Have 8,000 or more FCSN or FCSLR, replace the fan blades
within 2,000 FC.
    (ii) Thereafter, replace the LPC fan blades within 10,000 FCSN
or FCSLR.

(f) Definitions

    (1) For the purpose of this AD, a repair is one that was
performed in accordance with RRD Alert Non-Modification Service
Bulletin (NMSB) No. Tay-72-A1782, Revision 2, dated May 30, 2013, or
earlier versions of this Alert NMSB.
    (2) LPC fan blades eligible for installation are:
    (i) For Tay 620-15 engines, LPC fan blades with less than 12,000
FCSN or FCSLR; and
    (ii) For Tay 650-15 and Tay 651-54 engines, LPC fan blades with
less than 10,000 FCSN or FCSLR.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(h) Related Information

    (1) For more information about this AD, contact Frederick Zink,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Aviation Safety Agency AD 2013-0143, dated
July 12, 2013, for more information. You may examine the AD on the
Internet at http://www.regulations.gov by searching for and locating
it in Docket No. FAA-2013-0342.
    (3) RRD Alert NMSB No. Tay-72-A1782, Revision 2, dated May 30,
2013, pertains to the subject of this AD and can be obtained from
RRD, using the contact information in paragraph (h)(4) of this AD.
    (4) For service information identified in this AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827
Blankenfelde-Mahlow, Germany; phone: 49 0 33-7086-1200 (direct
1016); fax: 49 0 33-7086-1212.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on September 16, 2013.
Carlos A. Pestana,
Acting Directorate Assistant Manager, Engine & Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 2013-23454 Filed 9-25-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22397-22398]
[FR Doc No: 2010-9790]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

April 15, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-600-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits the Negotiated
Rate Capacity Release Agreement with Oneok Energy Services Company, LP.
    Filed Date: 04/14/2010.
    Accession Number: 20100414-0209.
    Comment Date: 5 p.m. Eastern Time on Monday, April 26, 2010.

    Docket Numbers: RP10-601-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits Seventh
Revised Sheet No. 1 et al. to FERC Gas Tariff, Sixth Revised Volume No.
1, to be effective 5/14/10.
    Filed Date: 04/14/2010.
    Accession Number: 20100414-0210.
    Comment Date: 5 p.m. Eastern Time on Monday, April 26, 2010.

    Docket Numbers: RP10-602-000.
    Applicants: Williston Basin Interstate Pipeline Company.

    Description: Williston Basin Interstate Pipeline Company submits
Ninth Revised Sheet No. 228 et al. to FERC Gas Tariff, Second Revised
Volume No. 1, to be effective 5/14/10.
    Filed Date: 04/14/2010.
    Accession Number: 20100414-0211.
    Comment Date: 5 p.m. Eastern Time on Monday, April 26, 2010.

    Docket Numbers: RP10-603-000.
    Applicants: Stingray Pipeline Company, LLC.
    Description: Stingray Pipeline Company, LLC submits Seventh Revised
Sheet 139 et al. to FERC Gas Tariff, First Revised Volume 1, to be
effective 5/14/10.
    Filed Date: 04/14/2010.
    Accession Number: 20100414-0227.
    Comment Date: 5 p.m. Eastern Time on Monday, April 26, 2010.

    Docket Numbers: RP10-604-000.
    Applicants: Mississippi Canyon Gas Pipeline, LLC.
    Description: Mississippi Canyon Gas Pipeline, LLC submits Third
Revised Sheet 109 et al. to FERC Gas Tariff, First Revised Volume 1, to
be effective 5/14/10.
    Filed Date: 04/14/2010.
    Accession Number: 20100414-0228.
    Comment Date: 5 p.m. Eastern Time on Monday, April 26, 2010.

    Docket Numbers: RP10-605-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits Second Revised
sheet 55 et al. of its FERC Gas Tariff, Fifth Revised Volume 1, to be
effective 1/5/05.
    Filed Date: 04/14/2010.
    Accession Number: 20100414-0231.
    Comment Date: 5 p.m. Eastern Time on Monday, April 26, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-9790 Filed 4-27-10; 8:45 am]
BILLING CODE 6717-01-P