[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51744-51745]
[FR Doc No: 2018-22196]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33265; 812-14883]

Natixis Funds Trust I, et al.; Notice of Application

October 5, 2018.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
The requested exemption would permit an investment adviser to hire and
replace certain sub-advisers without shareholder approval and grant
relief from the Disclosure Requirements as they relate to fees paid to
the sub-advisers.

Applicants:  Natixis Funds Trust I, Natixis Funds Trust II, Natixis
Funds Trust IV, Natixis ETF Trust, Natixis ETF Trust II, Loomis Sayles
Fund I, Loomis Sayles Funds II, and Gateway Trust (each a ``Trust'' and
collectively the ``Trusts''), each an open-end management investment
company, and Natixis Advisors, L.P. (the ``Adviser''), a registered
investment adviser under the Investment Advisers Act of 1940
(collectively with the Trusts, the ``Applicants'').

Filing Dates:  The application was filed on March 9, 2018 and amended
on August 17, 2018, and September 7, 2018.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on October 30, 2018, and should be accompanied by proof of service
on the applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549-1090. Applicants: Russell Kane, Esq.,
Natixis Advisors, L.P., 888 Boylston Street, Boston, MA 02199; John M.
Loder, Esq., Ropes & Gray LLP, 800 Boylston Street, Boston, MA 02199.

FOR FURTHER INFORMATION CONTACT: Matthew B. Archer-Beck, Senior
Counsel, at<PHONE_NUMBER>, or Katlin C. Bottock, Branch Chief, at
(202) 551-6821 (Division of Investment Management, Chief Counsel's
Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Summary of the Application

    1. The Adviser will serve as the investment adviser to the
Subadvised Series pursuant to an investment advisory agreement with the
Trusts (each, an ``Investment Management Agreement'').\1\ The Adviser
will provide the Subadvised Series with continuous and comprehensive
investment management services, subject to the supervision of, and
policies established by the board of trustees of the Trust (the
``Board''). The Investment Management Agreement permits the Adviser,
subject to the approval of the Board, to delegate to one or more sub-
advisers (each, a ``Sub-Adviser'' and collectively, the ``Sub-
Advisers'') the responsibility to provide the day-to-day portfolio
investment management of each Subadvised Series, subject to the
supervision and direction of the Adviser.\2\ The primary responsibility
for managing each Subadvised Series will remain vested in the Adviser.
The Adviser will hire, evaluate, allocate assets to and oversee the
Sub-Advisers, including determining whether a Sub-Adviser should be
terminated, at all times subject to the authority of the Board.
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    \1\ Applicants request relief with respect to the named
Applicants, as well as to any future series of the Trusts and any
other registered open-end management investment company or series
thereof that (a) is advised by the Adviser, its successors, or any
entity controlling, controlled by or under common control with the
Adviser or its successors (included in the term ``Adviser''); (b)
uses the multi-manager structure described in the application; and
(c) complies with the terms and conditions set forth in the
application (each, a ``Subadvised Series''). For purposes of the
requested order, ``successor'' is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
    \2\ A ``Sub-Adviser'' for a Subadvised Series is (1) an indirect
or direct ``wholly-owned subsidiary'' (as such term is defined in
the Act) of the Adviser for that Subadvised Series, or (2) a sister
company of the Adviser for that Subadvised Series that is an
indirect or direct ``wholly-owned subsidiary'' of the same company
that, indirectly or directly, wholly owns the Adviser (each of (1)
and (2) a ``Wholly-Owned Sub-Adviser'' and collectively, the
``Wholly-Owned Sub-Advisers''), or (3) not an ``affiliated person''
(as such term is defined in section 2(a)(3) of the Act) of the
Subadvised Series, except to the extent that an affiliation arises
solely because the Sub-Adviser serves as a sub-adviser to a
Subadvised Series (``Non-Affiliated Sub-Advisers'').
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    2. Applicants request an exemption to permit the Adviser, subject
to Board approval, to hire certain Sub-Advisers pursuant to Sub-
Advisory Agreements and materially amend existing Sub-Advisory
Agreements without obtaining the shareholder approval required under
section 15(a) of the Act and rule 18f-2 under the Act.\3\ Applicants
also seek an exemption from the Disclosure Requirements to permit a
Subadvised Series to disclose (as both a dollar amount and a percentage
of the Subadvised Series' net assets): (a) The aggregate fees paid to
the Adviser and any Wholly-Owned Sub-Adviser; (b) the aggregate fees
paid to Non-Affiliated Sub-Advisers; and (c) the fee paid to each
Affiliated Sub-Adviser (collectively, ``Aggregate Fee Disclosure'').
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    \3\ The requested relief will not extend to any sub-adviser,
other than a Wholly-Owned Sub-Adviser, who is an affiliated person,
as defined in Section 2(a)(3) of the Act, of the Subadvised Series,
the Trusts or of the Adviser, other than by reason of serving as a
sub-adviser to one or more of the Subadvised Series (``Affiliated
Sub-Adviser'').
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    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Subadvised Series shareholders and
notification about sub-advisory changes and enhanced Board oversight to
protect the interests of the Subadvised Series' shareholders.

    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the application, the Investment
Management Agreements will remain subject to shareholder approval while
the role of the Sub-Advisers is substantially similar to that of
individual portfolio managers, so that requiring shareholder approval
of Sub-Advisory Agreements would impose unnecessary delays and expenses
on the Subadvised Series. Applicants believe that the requested relief
from the Disclosure Requirements meets this standard because it will
improve the Adviser's ability to negotiate fees paid to the Sub-
Advisers that are more advantageous for the Subadvised Series.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22196 Filed 10-11-18; 8:45 am]
 BILLING CODE 8011-01-P


DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 1 October 23, 2003 For the reasons set out in the preamble, title 40 chapter I of the code of Federal Regulations is amended as follows:

1. Subchapter J is amended by amending Part 312 to read as follows:

Part 312   Standards for Conducting All Appropriate Inquiry Subpart A   Introduction Sec. 312.1 Purpose, applicability, and scope.

Subpart B   Definitions Sec. 312.10 Definitions 312.11 References Subpart C   Standards and Practices Sec. 312.20 All appropriate inquiries 312.21 Results of inquiry by an environmental professional 312.22 Additional inquiries 312.23 Interviews with past and present owners, operators, and occupants 312.24 Reviews of historical sources of information 312.25 Searches for recorded environmental cleanup liens 312.26 Reviews of Federal, State, Tribal and local government records 312.27 Visual inspections of the facility and of adjoining properties 312.28 Specialized knowledge or experience on the part of the defendant 312.29 The relationship of the purchase price to the value of the property, if the property was not contaminated 312.30 Commonly known or reasonably ascertainable information about the property 312.31 The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 2 October 23, 2003 Authority: Section 101( 35)( B) of CERCLA, as amended, 42 U. S. C. 9601( 35)( B).

Subpart A   Introduction § 312.1 Purpose, applicability, and scope. ( a) Purpose. The purpose of this section is to provide standards and procedures for " all appropriate inquiry" for the purposes of CERCLA § 101( 35)( B).

( b) Applicability. The requirements of this part are applicable to: ( 1) anyone seeking to qualify for: ( i) the innocent landowner defense pursuant to § 101( 35)( B) of CERCLA; ( ii) the bona fide prospective purchaser defense pursuant to § 101( 40) of CERCLA; ( iii) the contiguous property owner defense pursuant to § 107( q) of CERCLA; and ( 2) persons conducting site characterization and assessments with the use of a grant awarded under CERCLA § 104( k)( 2)( B).

( c) Scope. ( 1) Persons seeking to qualify for one of the liability defenses under § 312.1( b)( 1) must conduct investigations as required in this part, including an inquiry by an environmental professional, as required under § 312.21, and the additional inquiries defined in § 312.22, to identify releases or threatened releases, as defined in CERCLA § 101( 22), of hazardous substances, as defined in CERCLA § 101( 14). ( 2) Persons identified in § 312.1( b)( 4) must conduct investigations required in this part, including an inquiry by an environmental professional, as required under § 312.21, and the additional inquiries defined in § 312.22, to identify releases and threatened releases, as defined in CERCLA § 101( 22) of: ( i) hazardous substances, as defined in CERCLA § 101( 14); ( ii) pollutants and contaminants, as defined in CERCLA § 101( 33); ( iii) petroleum or petroleum products excluded from the definition of " hazardous substance" as defined in CERCLA § 101( 14); and ( iv) controlled substances, as defined in Section 802 of Title 21 of U. S. C. DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 3 October 23, 2003 Subpart B  Definitions § 312.10   Definitions   ( a) Terms used in this part and not defined below, but defined in either CERCLA or 40 CFR Part 300 ( the National Oil and Hazardous Substances Pollution Contingency Plan) shall have the definitions provided in CERCLA or 40 CFR Part 300. ( b) When used in this part, the following terms have the meanings provided below:

certify, as used in § 312.21( d) of this subpart means:

an expression of professional opinion regarding those facts or findings which are the subject of the certification. ( Note: such certification does not constitute a warranty or guarantee, either express or implied.)

Environmental Professional means   a person who possesses sufficient specific education, training, and experience necessary to exercise professional judgement to develop opinions and conclusions regarding the presence of a release or threatened release ( per § 312.1( c)) to the surface or subsurface of a property, sufficient to meet the objectives and performance factors in § 312.20( c) and ( d). In addition, the person must: ( a) hold a current Professional Engineer's or Professional Geologist's license or registration from a State, Tribe, or U. S. Territory ( or the Commonwealth of Puerto Rico) and have five ( 5) years of full time experience that includes the performance review, and oversight of environmental site assessments and subsurface environmental investigations to characterize site conditions and determine the likelihood of a release or threatened release at the property; or ( b) be licensed or certified by a State, Tribe, or U. S. Territory ( or the Commonwealth of Puerto Rico) to perform environmental inquiries as defined in § 312.21; or ( c) have a Baccalaureate degree or higher degree from an accredited institute of higher education in relevant disciplines of science, engineering or geology and the equivalent of five ( 5) years of full time experience that includes the performance, review, and oversight of environmental site assessments and subsurface environmental investigations to characterize site conditions and determine the likelihood of a release or threatened release at the property. ( d) persons who do not meet the above definition of an environmental professional may assist in the conduct of the all appropriate inquiry if such persons are under the direct supervision and responsible charge of a person meeting the definition of an environmental professional provided above.

Good faith means: DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 4 October 23, 2003 absence of any intention to seek an unfair advantage or to defraud another party; an honest and sincere intention to fulfill one's obligations in the conduct or transaction concerned.

§ 312.11   References ( a) When used in part 312 of this chapter, the following publications are incorporated by reference:

Subpart C   Standards and Practices § 312.20 All Appropriate Inquiries ( a) " All appropriate inquiries" pursuant to CERCLA 101( 35)( B) must include: ( 1) An inquiry by an environmental professional ( as defined in § 312.10), as provided in § 312.21; ( 2) Information collected pursuant to § 312.22 by persons identified under § 312.1( b), and as required in § 312.22; and ( 3) Searches for recorded environmental cleanup liens, as required in § 312.25. ( B) All appropriate inquiries can include information contained in an inquiry conducted by, or on the part of, a party unaffiliated with the persons responsible for the inquiries identified under § 312.1( b), provided: ( 1) such information was collected as part of all appropriate inquiries conducted in compliance with the requirements of this part; ( 2) such information was collected within 180 days of the purchase date of the subject property; ( 3) there have been no changes in the conditions of the subject property since the information was collected; and ( 4) any previously collected information is updated to include any relevant specialized knowledge, as outlined in § 312.28, of the persons conducting the all appropriate inquiries for the subject property, including those persons identified in § 312.1( b) and the environmental professional, as defined in § 312.10. ( c) Objectives. These All Appropriate Inquiry standards and practices seek to identify releases and threatened releases of hazardous substances on, at, in, or to the subject property. In performing the all appropriate inquiries, as defined in § 312.20 and provided in the standards and practices set forth in subpart C of this part, the persons identified under § 312.1( b) and the environmental professional, as defined in § 312.10, must seek to identify through the conduct of the standards and practices set forth in subpart C, the following types of information about the subject property: ( 1) current and past property uses and occupancies; ( 2) current and past uses of hazardous substances; DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 5 October 23, 2003 ( 3) waste management and disposal activities that could cause releases or threatened releases of hazardous substances; ( 4) past and current corrective actions and response activities undertaken to address past and on going releases of hazardous substances; ( 5) engineering controls; ( 6) institutional controls, including environmental land use restrictions, applicable to the subject property; and ( 7) properties located adjoining to or nearby the subject property that have environmental conditions that could result in a release or threatened release of a hazardous substance to the subject property. ( d) Performance factors. In performing each of the standards and practices set forth in this part and to meet the objectives stated above in § 312.20( b), the persons identified under § 312.1( b) or the environmental professional as defined in § 312.10 ( as appropriate to the particular standard and practice) must seek to: ( 1) gather the information that is required for each standard and practice listed in subpart C of this part that is publicly available, obtainable from its source within reasonable time and cost constraints, and which can practicably be reviewed; ( 2) review and evaluate the thoroughness and reliability of the information gathered in complying with each standard and practice listed in subpart C of this part taking into account information gathered in the course of complying with the other standards and practices of subpart C of this part; and ( 3) to the extent there are data gaps that affect the ability of persons conducting the all appropriate inquiry to identify the presence of a release or threatened release ( such as in the historical record of property uses) in each area of inquiry under each standard and practice, identify such data gaps, identify the sources of information consulted to address the data gaps, and comment upon the significance of such data gaps with regard to the ability to detect a release or threatened release of hazardous substances on, at, in, or to the subject property. Sampling and analysis may be conducted to develop information to address data gaps.

( f) None of the requirements of this part limits or expands disclosure obligations under any other federal, state, tribal and local law, including requirements under CERCLA § § 101( 40)( C) and 107( q)( 1)( A)( vii) requiring persons, including environmental professionals, to provide all legally required notices with respect to the discovery or release of any hazardous substances. It is the obligation of the person, including environmental professionals, conducting the inquiry to determine their respective disclosure obligations under federal, state, tribal, and local law and to comply with such disclosure requirements. DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 6 October 23, 2003 § 312.21 Results of inquiry by an environmental professional ( a) Persons identified under § 312.1( b) must undertake an inquiry, as defined in § 312.21( b) below, by an environmental professional, or conducted under the direct supervision and responsible charge of, an environmental professional, as defined in § 312.10. Such inquiry is hereafter referred to as " the inquiry of the environmental professional." ( b) The inquiry of the environmental professional must include the requirements set forth in § § 312.23 ( interviews with past and present owners...), 312.24 ( reviews of historical sources...), 312.26 ( reviews of government records), 312.27 ( visual inspections), 312.30 ( commonly known or reasonably attainable information), and 312.31 ( degree of obviousness of the presence... and the ability to detect the contamination...). In addition, the inquiry should take into account information provided to the environmental professional as a result of the additional inquiries conducted by persons identified in § 312.1( b) and in accordance with the requirements of § 312.22. ( c) The results of the inquiry by an environmental professional must be documented in a written report that, at a minimum, includes the following: ( 1) An opinion as to the likelihood of the presence of a release or threatened release of a hazardous substance on, at, in, or to the subject property, after consideration of the results of the all appropriate inquiry; ( 2) An identification of any data gaps that affect the ability of the environmental professional to determine the presence of, or the lack of, a release or threatened release of a hazardous substance on, at, in, or to the subject property and comments regarding the significance of such data gaps on the environmental professional's ability to provide an opinion as to the likelihood of the presence of such a release or threatened release of a hazardous substance; and ( 3) The qualifications of the environmental professional( s). ( d) The environmental professional must " certify," as defined in section § 312.10, that the all appropriate inquiry achieves the objectives and performance factors of § 312.20, by: ( 1) Placing the following statement in the written document identified in § 312.21( c) above:

and ( 2) Signing the document.

For section 312.10:

certify, as used in § 312.21( d) of this subpart means: an expression of professional opinion regarding those facts or findings which are the subject of the certification. ( Note: such certification does not constitute a warranty or guarantee, either express or implied.) DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 7 October 23, 2003 § 312.22 Additional Inquiries ( a) Persons identified under § 312.1( b) must provide the following information to the environmental professional responsible for conducting the activities listed in § 312.21. ( 1) specialized knowledge or experience on the part of the defendant, as required in § 312.28; ( 2) the relationship of the purchase price to the fair market value of the subject property, if the property was not contaminated, as required in § 312.29; and ( 3) commonly known or reasonably ascertainable information about the subject property, as required in § 312.30. DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 8 October 23, 2003 § 312.23 Interviews with past and present owners, operators, and occupants ( a) Interviews with past and present owners, operators, and occupants of the subject property must be conducted for the purposes of achieving the objectives and performance factors in § 312.20( c) and ( d). ( b) The inquiry of the environmental professional must include interviewing the current owner and occupant of the subject property. ( c) The inquiry of the environmental professional also must include, to the extent necessary to achieve the objectives and performance factors in § 312.20( c) and ( d), interviewing one or more of the following persons: ( 1) current and past key facility managers, ( 2) past owners or operators of the subject property, or ( 3) employees of current and past occupants of the subject property. ( d) In the case of inquiries conducted at " abandoned properties," as defined in § 312.10, where there is evidence of potential unauthorized uses of the subject property or evidence of uncontrolled access to the subject property, the environmental professional's inquiry must include interviewing one or more ( as necessary) owners or occupants of neighboring or nearby properties from which it appears possible to have observed uses of, or releases at, such abandoned properties for the purpose of gathering information necessary to achieve the objectives and performance factors in § 312.20( c) and ( d). DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 9 October 23, 2003 § 312.24 Reviews of historical sources of information ( a) Historical documents and records such as chain of title documents, aerial photographs, fire insurance maps, building department records, and land use records must be reviewed for the purposes of achieving the objectives and performance factors in § 312.20( c) and ( d). ( b) Historical documents and records reviewed must cover a period of time as far back in the history of the subject property as can be shown that the property contained structures or from the time the property was used for residential, agricultural, commercial, industrial, or governmental purposes. The environmental professional may exercise professional judgement in context of the facts available at the time of the inquiry as to how far back in time it is necessary to search historical records to achieve the objectives and performance factors of § 312.20( c) and ( d). DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 10 October 23, 2003 § 312.25 Searches for recorded environmental cleanup liens ( a) All appropriate inquiries must include a search for the existence of environmental cleanup liens against the subject property that are filed or recorded under Federal, Tribal, State, or local law. ( b) All information collected regarding the existence of environmental cleanup liens associated with the subject property must be provided to the environmental professional. DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 11 October 23, 2003 § 312.26 Reviews of Federal, Tribal, State, and local government records ( a) Federal, Tribal, State, and local government records ( including data bases of government records) of the subject property and adjoining properties must be reviewed for the purposes of achieving the objectives and performance factors in § 312.20( c) and ( d). ( b) With regard to the subject property, the review of Federal, Tribal, State, and local government records or data bases of government records should include: ( 1) records of reported releases or threatened releases, including site investigation reports for the subject property; ( 2) records of activities, conditions, or incidents likely to cause or contribute to a release or threatened release as defined in § 312.1( c), including landfill and other disposal unit location records and permits, underground storage tank records and permits, hazardous waste handler and generator records and permits, Federal, Tribal and state government listings of sites identified as priority cleanup sites, and spill reporting records; ( 3) public health records; ( 4) engineering controls; and ( 5) institutional controls, including environmental land use restrictions, applicable to the subject property.

( c) With regard to nearby or adjoining properties, the review of Federal, Tribal, State, and local government records or data bases of government records should include the identification of the following: ( 1) Properties for which there are government records of reported releases or threatened releases. Such records and data bases containing such records and the associated distances from the subject property for which such information should be searched include the following: ( i) records of NPL sites or state equivalent sites ( one mile); ( ii) RCRA CORRACTS recorads ( one mile); ( iii) records of state permitted or registered hazardous waste sites ( one mile); ( iv) records of leaking underground storage tanks ( one half mile); and ( v) Emergency Response Notification System records ( for properties adjoining the subject property). ( 2) Properties that previously were identified or regulated by a government entity due to environmental concerns at the property. Such records and data bases containing such records and the associated distances from the subject property for which such information should be searched include the following: ( i) records of delisted NPL sties ( one half mile); ( ii) registries of engineering controls ( one half mile); ( iii) registries of institutional controls ( one half mile); and ( iv) records of former CERCLA sites with no further remedial action notices ( one half mile). DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 12 October 23, 2003 ( 3) Adjoining properties for which there are records of federally permitted or statepermitted or registered waste management activities. Such records and data bases that may contain such records include the following: ( i) records of RCRA small quantity and large quantity generators ( ii) records of federally permitted or state permitted ( or registered) landfills and solid waste management facilities; ( iii) records of underground storage tanks; and ( iv) records of facilities managing toxic substances regulated under the Toxic Substances and Control Act; ( 4) A review of additional government records with regard to sites identified under § 312.26( c)( 1)( 3) above may be necessary in the judgment of the environmental professional for the purpose of achieving the objectives and performance factors in § 312.20( c) and ( d). ( d) The search distance from the subject property boundary for reviewing government records or data bases of government records listed in § 312.26( c) may be modified based upon the professional judgment of the environmental professional. The rationale for such modifications must be documented by the environmental professional. The environmental professional may consider one or more of the following factors in determining an alternate appropriate search distance: ( 1) nature and extent of a release, ( 2) geologic, hydrogeologic, or topographic conditions of the subject property and surrounding environment, ( 3) land use or " land use densities," ( as defined in § 312.10) ( 4) property type, ( 5) existing or past uses of surrounding properties, ( 6) potential migration pathways ( e. g., ground water flow direction, prevalent wind direction), or ( 7) other relevant factors. DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 13 October 23, 2003 § 312.27 Visual inspections of the facility and of adjoining properties ( a) For the purpose of achieving the objectives and performance factors in § 312.20( c) and ( d), the inquiry of the environmental professional must include: ( 1) a visual on site inspection of the subject property and facilities and improvements on the subject property, including a visual inspection of the areas where hazardous substances are or were used, stored, treated, handled, or disposed. Physical limitations to the visual inspection must be noted. ( 2) a visual inspection or observation of adjoining properties, from the subject property line, public rights of way, or other vantage point, including a visual inspection or observation of areas where hazardous substances may be or may have been stored, treated, handled or disposed. Physical limitations to the inspection or observation of adjacent properties must be noted. ( b) Persons conducting site characterization and assessments using a grant awarded under CERCLA § 104( k)( 2)( B) must include in the inquiries referenced in § 312.27( a) visual inspections and observations of areas where hazardous substances, petroleum and petroleum products, controlled substances, and hazardous pollutants and contaminants may be or may have been used, stored, treated, handled or disposed at the subject property and adjoining properties. ( c) A visual on site inspection of the subject property must be conducted. In the unusual circumstance where an on site visual inspection of the subject property cannot be performed because of physical limitations, remote location, or other inability to obtain access to the property, provided " good faith" ( as defined in § 312.10) efforts have been taken to obtain such access, an on site inspection will not be required. The mere refusal of a voluntary seller to provide access to the subject property does not constitute an unusual circumstance. In these unusual circumstances, the inquiry of the environmental professional must include: ( 1) visually inspecting or observing the subject property via another method ( such as aerial imagery for large properties), or visually inspecting or observing the subject property from the nearest accessible vantage point ( such as the property line or public road for small properties); ( 2) documentation of efforts undertaken to obtain access and an explanation of why such efforts were unsuccessful, in accordance with § 312.20( d)( 3); and ( 3) documentation of other sources of information regarding releases or threatened releases at the subject property that were consulted in accordance with § 312.20( d)( 3).

For section § 312.10:

Good faith means:

absence of any intention to seek an unfair advantage or to defraud another party; an honest and sincere intention to fulfill one's obligations in the conduct or transaction concerned. DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 14 October 23, 2003 § 312.28 Specialized knowledge or experience on the part of the defendant ( a) Persons to which this part is applicable per § 312.1( b) must disclose to the environmental professional, and the inquiry must take into account, their specialized knowledge of the subject property the area surrounding the subject property, the conditions of adjoining properties, and any other experience relevant to the inquiry, for the purpose of assessing the presence of a release or threatened release at the subject property, as defined in § 312.1( c). ( b) All appropriate inquiries, as outlined under § 312.20, are not complete unless the results of the inquiries take into account all relevant and applicable specialized knowledge and experience of the persons responsible for undertaking the inquiry ( as described in § 312.1( b)). DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 15 October 23, 2003 § 312.29 The relationship of the purchase price to the value of the property, if the property was not contaminated ( a) Persons to which this part is applicable per § 312.1( b) must consider whether the purchase price of the subject property reasonably reflects the fair market value of the property, if the property were not contaminated. ( b) Persons who conclude that the purchase price of the subject property does not reasonably reflect the fair market value of that property, if the property were not contaminated, should consider whether or not the differential in purchase price and fair market value is due to the fact that the property contains releases or threatened releases of hazardous substances. ( c) Persons conducting site characterization and assessments with the use of a grant awarded under CERCLA § 104( k)( 2)( B) and who knows that the purchase price of the subject property does not reasonably reflect the fair market value of that property, if the property were not contaminated, should consider whether or not the differential in purchase price and fair market value is due to the fact that the property contains releases or threatened releases of hazardous substances, petroleum and petroleum products, controlled substances, and/ or hazardous pollutants and contaminants. DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 16 October 23, 2003 § 312.30 Commonly known or reasonably ascertainable information about the property ( a) Persons to which this part is applicable per § 312.1( b) and environmental professionals conducting an inquiry of a property must take into account commonly known or reasonably ascertainable information within the local community about the subject property throughout the inquiry and consider such information when determining whether or not there is a release or threatened release, as defined in § 312.1( c), at the subject property. ( b) Commonly known information includes information obtained by the person to whom this part applies per § 312.1( b) and by the environmental professional about releases or threatened releases at the subject property that is incidental to or in addition to the information obtained during the inquiry of the environmental professional. ( c) The environmental professional may, to the extent necessary to achieve the objectives and performance factors of § 312.20( c) and ( d), refer to one or more of the following sources of information: ( 1) current owners or occupants of neighboring properties or properties adjacent to the subject property; ( 2) local and state government officials who may have knowledge of, or information related to, the subject property; ( 3) others with knowledge of the subject property; and ( 4) other sources of information ( e. g., newspapers, websites, community organization, local libraries and historical societies). DRAFT THIS IS NOT A PROPOSED OR FINAL REGULATION DRAFT*** DRAFT*** For Discussion Purposes Only*** Do Not Cite*** DRAFT** DRAFT 17 October 23, 2003 § 312.31 The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation ( a) Persons to which this part is applicable per § 312.1( b) and environmental professionals conducting an inquiry of a property on behalf of such persons must consider the degree of obviousness of the presence of a release or threatened release at the subject property. ( b) Persons to which this part is applicable per § 312.1( b) and environmental professionals conducting an inquiry of a property on behalf of such persons must consider the ability to detect contamination by appropriate investigation. The inquiry of the environmental professional should include an opinion regarding additional appropriate investigation, if any.


[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Page 7595]
[FR Doc No: 2011-2931]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

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

Extension:
    Rule 101; SEC File No. 270-408; OMB Control No. 3235-0464.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 101 of Regulation M (17 CFR 242.101)--Activities by
Distribution Participants, prohibits distribution participants from
purchasing activities at specified times during a distribution of
securities. Persons otherwise covered by these rules may seek to use
several applicable exceptions such as a calculation of the average
daily trading volume of the securities in distribution, the maintenance
of policies regarding information barriers between their affiliates,
and the maintenance a written policy regarding general compliance with
Regulation M for de minimus transactions.
    There are approximately 1588 respondents per year that require an
aggregate total of 31,309 hours to comply with this rule. Each
respondent makes an estimated 1 annual response. Each response takes
approximately 20 hours to complete. Thus, the total compliance burden
per year is 31,309 burden hours. The total compliance internal labor
cost for the respondents is approximately $1,783,673.73, resulting in a
cost of compliance for the respondent per response of approximately
$1123.22 (i.e., $1,783,673.73/1588 responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to: Thomas Bayer, Chief Information
Officer, Securities and Exchange Commission, C/O Remi Pavlik-Simon,
6432 General Green Way, Alexandria, Virginia 22312 or send an e-mail
to<EMAIL_ADDRESS>
    Dated: February 3, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-2931 Filed 2-9-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Rules and Regulations]
[Page 27411-27414]
[DOCID:fr17my10-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21242; Directorate Identifier 2005-NE-09-AD;
Amendment 39-16288; AD 2010-10-09]
RIN 2120-AA64

Airworthiness Directives; Turbomeca Arriel 1B, 1D, 1D1, and 1S1
Turboshaft Engines

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) for certain Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft
engines. That AD requires initial and repetitive relative position
checks of the gas generator 2nd stage turbine blades on Turbomeca
Arriel 1B (that incorporate Turbomeca Modification (mod) TU 148),
Arriel 1D, 1D1, and 1S1 turboshaft engines that do not incorporate mod
TU 347. That AD also requires initial and repetitive replacements of
2nd stage turbines on Arriel 1B, 1D, and 1D1 engines. This AD requires
lowering the initial and repetitive thresholds for replacement of 2nd
stage turbines on Arriel 1B, 1D, and 1D1 engines. This AD results from
reports of new cases of failures of 2nd stage turbine blades since we
issued AD 2008-07-01. We are issuing this AD to prevent the failure of
2nd stage turbine blades, which could result in an uncommanded in-
flight engine shutdown, and a subsequent forced autorotation landing or
accident.

DATES: This AD becomes effective June 21, 2010. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of June 21, 2010.

ADDRESSES: You can get the service information identified in this AD
from Turbomeca, 40220 Tarnos, France; telephone (33) 05 59 74 40 00,
fax (33) 05 59 74 45 15.
    The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Kevin Dickert, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 by
superseding AD 2008-07-01, Amendment 39-15442 (73 FR 15866, March 26,
2008), with a proposed AD. The proposed AD applies to Turbomeca Arriel
1B (that incorporate mod TU 148), 1D, 1D1, and 1S1 turboshaft engines
that do not incorporate mod TU 347. We published the proposed AD in the
Federal Register on March 10, 2010 (75 FR 11072). That action proposed
to require lowering the repetitive threshold for relative position
checks on Arriel 1B engines. That action also proposed to require
lowering the initial and repetitive thresholds for replacement of 2nd
stage turbines on Arriel 1B, 1D, and 1D1 engines.

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 AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (phone<PHONE_NUMBER>) is provided in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We received no comments on the proposal or on
the determination of the cost to the public.

Conclusion

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

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 587 Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft
engines installed on products of U.S. registry. We also estimate that
it will take about 2 work-hours per engine to perform one inspection,
and about 40 work-hours per engine to replace the gas turbine discs

and blades. The average labor rate is $85 per work-hour. Required parts
will cost about $54,000 per engine. Based on these figures, we estimate
the cost of the AD on U.S. operators to be $33,793,590.

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15442 (73 FR
15866, March 26, 2008), and by adding a new airworthiness directive,
Amendment 39-16288, to read as follows:

2010-10-09 Turbomeca: Amendment 39-16288. Docket No. FAA-2005-21242;
Directorate Identifier 2005-NE-09-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 21,
2010.

Affected ADs

    (b) This AD supersedes AD 2008-07-01, Amendment 39-15442.

Applicability

    (c) This AD applies to Turbomeca Arriel 1B (that incorporate
Turbomeca Modification (mod) TU 148), Arriel 1D, 1D1, and 1S1
engines that do not incorporate mod TU 347. Arriel 1B engines are
installed on, but not limited to, Eurocopter AS-350B and AS-350BA
``Ecureuil'' helicopters. Arriel 1D engines are installed on, but
not limited to, Eurocopter France AS-350B1 ``Ecureuil'' helicopters.
Arriel 1D1 engines are installed on, but not limited to, Eurocopter
France AS-350B2 ``Ecureuil'' helicopters. Arriel 1S1 engines are
installed on, but not limited to, Sikorsky Aircraft Corporation S-
76C helicopters.

Unsafe Condition

    (d) This AD results from reports of new cases of failures of 2nd
stage turbine blades since we issued AD 2008-07-01. We are issuing
this AD to prevent the failure of 2nd stage turbine blades, which
could result in an uncommanded in-flight engine shutdown, and a
subsequent forced autorotation landing or accident.

Compliance

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

Initial Relative Position Check of 2nd Stage Turbine Blades

    (f) Do an initial relative position check of the 2nd stage
turbine blades using the Turbomeca Mandatory Service Bulletins
(MSBs) specified in the following Table 1. Do the check before
reaching any of the intervals specified in Table 1 or within 50
hours time-in-service after the effective date of this AD, whichever
occurs later.

          Table 1--Initial and Repetitive Relative Position Check Intervals of 2nd Stage Turbine Blade
----------------------------------------------------------------------------------------------------------------
                                           Initial relative                                 Mandatory Service
        Turbomeca engine model         position check interval    Repetitive interval            Bulletin
----------------------------------------------------------------------------------------------------------------
Arriel 1B (that incorporate mod TU     Within 1,200 hours time- Within 150 hours time-   A292 72 0807, Version
 148), 1D1, and 1D.                     since-new (TSN) or       in-service-since-last-   E, dated October 29,
                                        time-since-overhaul      relative-position-       2009, paragraphs
                                        (TSO) or 3,500 cycles-   check (TSLRPC).          2B(1)(a) and (b), or
                                        since-new (CSN) or                                2B(2)(a).
                                        cycles-since-overhaul
                                        (CSO), whichever
                                        occurs earlier.
Arriel 1S1...........................  Within 1,200 hours TSN   Within 150 hours TSLRPC  A292 72 0810, Version
                                        or TSO or 3,500 CSN or                            C, dated July 24,
                                        CSO, whichever occurs                             2009, paragraphs
                                        earlier.                                          2B(1)(a) and (b), or
                                                                                2B(2)(a), (b), and
                                                                                (c).
----------------------------------------------------------------------------------------------------------------

Repetitive Relative Position Check of 2nd Stage Turbine Blades

    (g) Recheck the relative position of 2nd stage turbine blades at
the TSLRPC intervals specified in Table 1 of this AD, using the
Turbomeca MSBs indicated.

Credit for Previous Relative Position Checks

    (h) Credit is allowed for previous relative position checks of
2nd stage turbine blades done using the following Turbomeca MSBs:
    (1) MSB No. A292 72 0263, Update Nos. 1 through 5.
    (2) MSB No. A292 72 0807, Original, and Update No. 1 through
Version D.
    (3) MSB No. A292 72 0809, Update No. 1.
    (4) MSB No. A292 72 0810, Original, and Version A through
Version B.

Initial Replacement of 2nd Stage Turbines on Arriel 1B Engines

    (i) Initially replace the Arriel 1B 2nd stage turbine disk and
blades with an inspected 2nd stage turbine that does not incorporate
mod TU 347 and is fitted with new blades or with a 2nd stage turbine
that incorporates mod TU 347, using Turbomeca MSB No. A292 72 0807,
Version E, dated October 29, 2009, paragraphs 2B(1)(c) or (d), or
2B(2)(b) or (c), at the following times:
    (1) Replace before further flight on engines with a 2nd stage
turbine disk having accumulated more than 2,200 hours TIS since-new
or since-last-inspection, whichever occurs later, or with 2nd stage
turbine blades that have accumulated more than 3,000 hours TIS
since-new.
    (2) For engines with 2nd stage turbine blades having accumulated
on the effective date of this AD, more than 1,800 hours TIS since-
new, but 3,000 or fewer hours TIS since-new, replace before reaching
any of the following:
    (i) 400 hours TIS from the effective date of this AD, or
    (ii) 3,000 hours TIS since-new on the 2nd stage turbine blades,
or
    (iii) 2,200 hours TIS since-new or since-last-inspection,
whichever occurs later, on the 2nd stage turbine disk.
    (3) For engines with 2nd stage turbine blades having accumulated
on the effective date of this AD, more than 900 hours TIS since-new,
but 1,800 or fewer hours TIS since-new, replace before reaching any
of the following:
    (i) 800 hours TIS from the effective date of this AD, or
    (ii) 2,200 hours TIS since-new or since-last-inspection,
whichever occurs later, on the 2nd stage turbine disk.
    (4) For engines with 2nd stage turbine blades having accumulated
on the effective date of this AD, 900 or fewer hours TIS since-new,
replace before the 2nd stage turbine blades have accumulated 1,200
hours TIS since-new.

Repetitive Replacements of 2nd Stage Turbines on Arriel 1B Engines

    (j) Thereafter, for 2nd stage turbines that do not incorporate
mod TU 347, replace the 2nd stage turbine disk and blades before the
blades have accumulated 1,200 hours TIS since-new.

Initial Replacement of 2nd Stage Turbines on Arriel 1D and 1D1 Engines

    (k) Initially replace the Arriel 1D and 1D1 2nd stage turbine
disk and blades with an inspected turbine that does not incorporate
mod TU 347 and is fitted with new blades or with a turbine that
incorporates mod TU 347, using Turbomeca MSB No. A292 72 0807,
Version E, dated October 29, 2009, paragraphs 2B(1)(c) or (d), or
2B(2)(b) or (c), at the following times:
    (1) Replace before further flight on engines with a 2nd stage
turbine disk having accumulated more than 1,500 hours TIS since-new
or since-last-inspection, whichever occurs later, or with 2nd stage
turbine blades having accumulated more than 1,500 hours TIS since-
new.
    (2) For engines with 2nd stage turbine blades having accumulated
on the effective date of this AD, more than 900 hours TIS since-new,
but 1,500 or fewer hours TIS since-new, replace before the 2nd stage
turbine blades have accumulated 1,500 hours TIS since-new, or before
the 2nd stage turbine disk has accumulated 1,500 hours TIS since-
new, whichever occurs first.
    (3) For engines with 2nd stage turbine blades having accumulated
on the effective date of this AD, 900 or fewer hours TIS since-new,
replace before the 2nd stage turbine blades have accumulated 1,200
hours TIS since-new.

Repetitive Replacements of 2nd Stage Turbines on Arriel 1D and 1D1
Engines

    (l) Thereafter, for 2nd stage turbines that do not incorporate
mod TU 347, replace the 2nd stage turbine disk and blades before the
blades have accumulated 1,200 hours TIS since-new.

Relative Position Check Continuing Compliance Requirements

    (m) All 2nd stage turbines, including those that are new or
overhauled, must continue to comply with the actions specified in
paragraphs (f) and (g) of this AD, unless mod TU 347 has been
incorporated.

Optional Terminating Action

    (n) Installing a new turbine, P/N 0 292 25 039 0, (incorporation
of mod TU 347) terminates the requirements to perform the repetitive
actions specified in paragraphs (g), (j), and (l) of this AD.

Alternative Methods of Compliance

    (o) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Related Information

    (p) The EASA airworthiness directive 2009-0236, dated October
29, 2009, also addresses the subject of this AD.
    (q) Contact Kevin Dickert, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>,
for more information about this AD.

Material Incorporated by Reference

    (r) You must use the service information specified in the
following Table 2 to perform the actions required by this AD. The
Director of the Federal Register approved the incorporation by
reference of the documents listed in the following Table 2 in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact
Turbomeca, 40220 Tarnos, France; phone: (33) 05 59 74 40 00, fax:
(33) 05 59 74 45 15, for a copy of this service information. You may
review copies at the FAA, New England Region, 12 New England
Executive Park, Burlington, MA; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.

                                       Table 2--Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
    Turbomeca mandatory Service
           Bulletin No.                      Page                  Version                      Date
----------------------------------------------------------------------------------------------------------------
A 292 72 0807.....................  ALL...................  E....................  October 29, 2009.
    Total Pages: 20
A 292 72 0810.....................  ALL...................  C....................  July 24, 2009.
    Total Pages: 15
----------------------------------------------------------------------------------------------------------------

    Issued in Burlington, Massachusetts, on April 28, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2010-10720 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Notices]
[Page 31587]
[FR Doc No: 2019-14080]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-19-000]

Magnolia LNG, LLC; Notice of Schedule for Environmental Review of
the Magnolia LNG Production Capacity Amendment

    On November 19, 2018, Magnolia LNG, LLC (Magnolia LNG), filed an
application in Docket No. CP19-19-000 requesting an authorization
pursuant to Section 3(a) of the Natural Gas Act to amend the
authorization granted by the Federal Energy Regulatory Commission (FERC
or Commission) on April 15, 2016, in Docket No. CP14-347-000. The
proposed project is known as the Magnolia LNG Production Capacity
Amendment, and would increase the total production capacity of Magnolia
LNG's liquefaction project from the currently authorized 8 million tons
per annum (MTPA) to 8.8 MTPA, or 1.4 billion cubic feet per day.
Magnolia LNG states that the increased LNG production capacity would be
realized through the optimization of its final design and would not
require any increase in the authorized feed gas rates. Magnolia LNG's
approved terminal site is in Lake Charles, Calcasieu Parish, Louisiana,
and no new facilities are proposed.
    On December 6, 2018, the Commission issued its Notice of
Application for the project. Among other things, that notice alerted
agencies issuing federal authorizations of the requirement to complete
all necessary reviews and to reach a final decision on a request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's final environmental document for the project.
Subsequent to the issuance of the Notice of Application, staff
determined that a supplemental environmental impact statement (EIS)
would be necessary for the amended project. This instant notice
identifies the FERC staff's planned schedule for completion of the
supplemental final EIS, which is based on issuance of the supplemental
draft EIS in September 2019.

Schedule for Environmental Review

Notice of Availability of the supplemental final--EIS January 24, 2020
90-day Federal Authorization Decision Deadline--April 23, 2020

    If a schedule change becomes necessary for the final supplemental
EIS, additional notice will be provided so that the relevant agencies
are kept informed of the project's progress.

Background

    On June 7, 2019, the Commission issued a Notice of Intent to
Prepare a Supplemental Environmental Impact Statement for the Proposed
Magnolia LNG Production Capacity Amendment and Request for Comments on
Environmental Issues (NOI). The NOI was sent to affected landowners;
federal, state, and local government agencies; elected officials;
environmental and public interest groups; Native American tribes; other
interested parties; and local libraries and newspapers. All substantive
comments received will be addressed in the supplemental EIS.

Additional Information

    In order to receive notification of the issuance of the
supplemental EIS and to keep track of all formal issuances and
submittals in specific dockets, the Commission offers a free service
called eSubscription. This can reduce the amount of time you spend
researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP19-19), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

Kimberly D. Bose,
Secretary.
[FR Doc. 2019-14080 Filed 7-1-19; 8:45 am]
 BILLING CODE 6717-01-P