[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Proposed Rules]
[Pages 28555-28560]
[FR Doc No: 2018-12885]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0556; Product Identifier 2018-NM-015-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318 series; Model A319 series; Model A320 series; and
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
This proposed AD was prompted by reports of multiple angle of attack
(AoA) probe blockages. This proposed AD would require all elevator
aileron computer (ELAC) units to be upgraded with new software, or
replaced with upgraded units. We are proposing this AD to address the
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 6, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email [email protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.

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-2018-
0556; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; fax 206-231-
3398.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0556;
Product Identifier 2018-NM-015-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 we
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0007R1, dated January 19, 2018 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A318 series; Model
A319 series; Model A320 series; and Model A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes. The MCAI states:

    Occurrences were reported on multiple Angle of Attack (AoA)
probes blockages. Investigation results indicated the need for
improved AoA monitoring in order to detect cases of AoA probe
blockage.
    This condition, if not corrected, could lead to undue activation
of the AoA protection, reverting to manual control of the aeroplane,
which, under specific circumstances, could result in reduced control
of the aeroplane.
    To address this potential unsafe condition, Airbus developed
several Elevator Aileron Computer (ELAC) standards, i.e. ELAC units
loaded with a specific software Part Number (P/N), and EASA issued
AD 2017-0008, retaining part of the requirements of EASA AD 2015-
0088R1 [which corresponds to FAA AD 2016-17-03, Amendment 39-18616
(81 FR 55358, August 19, 2016) (``AD 2016-17-03'')], which was
superseded, and requiring an upgrade of all ELAC units with ELAC L99
standard, which introduces improvements in the AoA probe monitoring
for Current Engine Option (CEO) aeroplanes, and also incorporates
flight control aspects for New Engine Option (NEO) aeroplanes.
    Since that [EASA] AD was issued, it was determined that
clarification is necessary for the Parts Installation requirements,
and some typographical (P/N) errors were detected. This [EASA] AD is
revised accordingly.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0556.

Relationship of Proposed AD to AD 2016-17-03

    This NPRM does not propose to supersede AD 2016-17-03. Rather, we
have determined that a stand-alone AD would be more appropriate to
address the changes in the MCAI. This proposed AD would require all
ELAC units to be upgraded with new software, or replaced with upgraded
units. Accomplishment of the proposed actions would then terminate all
of the requirements of AD 2016-17-03.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-27-1263, Revision 00, dated
April 28, 2017; and Service Bulletin A320-27-1264, Revision 00, dated
April 28, 2017. The service information describes the upgrade or
replacement of ELAC units. These documents are distinct because they
apply to different airplane configurations.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This 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 the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type designs.

Costs of Compliance

    We estimate that this proposed AD affects 1,250 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated costs
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                                                                                Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
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Modification...................  3 work-hours x $85 per  Up to $7,970.....  Up to $8,225.....  Up to $10,281,250
                                  hour = $255.
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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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

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. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus: Docket No. FAA-2018-0556; Product Identifier 2018-NM-015-AD.

(a) Comments Due Date

    We must receive comments by August 6, 2018.

(b) Affected ADs

    This AD affects AD 2016-17-03, Amendment 39-18616 (81 FR 55358,
August 19, 2016) (``AD 2016-17-03'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N,
and -271N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Reason

    This AD was prompted by reports of multiple angle of attack
(AoA) probe blockages. We are issuing this AD to address the
blockage of AoA probes. This condition, if not corrected, could lead
to undue activation of the AoA protection, reverting to manual
control of the airplane, which, under specific circumstances, could
result in reduced control of the airplane.

(f) Compliance

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

(g) Definition of Affected Elevator Aileron Computer (ELAC)

    For the purposes of this AD, ELAC units having a part number (P/
N) listed in table 1 to paragraphs (g), (h), and (i) of this AD are
hereafter referred to as ``affected ELAC'' in this AD.
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(h) Required Actions

    For airplanes with ELAC part numbers listed in table 1 to
paragraphs (g), (h), and (i) of this AD: Within the applicable
compliance times defined in figure 1 to paragraph (h) of this AD,
upgrade each ELAC by uploading L99 software part number (P/N)
3945129111 or by replacing the existing ELAC with ELAC L99 P/N
3945128217 in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-27-1263, Revision 00, dated April 28,
2017, or Airbus Service Bulletin A320-27-1264, Revision 00, dated
April 28, 2017, as applicable, or in accordance with modification
instructions approved by the Manager, International Section,
Transport Standards Branch, FAA; or the European Aviation Safety
Agency (EASA); or Airbus's EASA Design Organization Approval (DOA);
or in accordance with modification instructions approved by an EASA
DOA (other than the Airbus EASA DOA), provided the conditions
specified in paragraphs (h)(1) through (h)(4) of this AD are met. If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (1) Absence of electronic centralized aircraft monitoring (ECAM)
warning or maintenance message related to ELAC, before the data-
loadable ELAC unit is removed and software is loaded.
    (2) The data-loadable ELAC unit is removed as specified in
Airbus aircraft maintenance manual (AMM) Task 27-93-34-000-001-A.
    (3) The data-loadable ELAC unit is checked by two different
means, either line replaceable unit (LRU) identification and label
call up, or Alpha Call Up ELA 1 and ELA 2.
    (4) After the software is loaded, the data-loadable ELAC unit is
re-installed as specified in Airbus AMM Task 27-93-34-400-001-A.
    Note 1 to paragraph (h) of this AD: Non-data-loadable ELAC L99
P/N<PHONE_NUMBER> units are fully interchangeable and mixable with
data-loadable ELAC L99 P/N<PHONE_NUMBER> units with L99 software P/N
3945129111 loaded.
[GRAPHIC] [TIFF OMITTED] TP20JN18.002

(i) Parts Installation Prohibition

    (1) For airplanes with ELAC units listed in table 1 to
paragraphs (g), (h), and (i) of this AD: After modification of an
airplane as required by paragraph (h) of this AD, do not install any
affected ELAC on that airplane.
    (2) For airplanes with ELAC units not listed in table 1 to
paragraphs (g), (h), and (i) of this AD: From the effective date of
this AD, do not install any affected ELAC on that airplane.

(j) Installation of Later Software Versions

    Installation of an ELAC unit with a software standard above L99
is equal to compliance with the requirements of paragraph (h) of
this AD, provided the conditions specified in paragraphs (j)(1)
through (j)(2) of this AD are met.
    (1) The ELAC unit part number is approved by the Manager,
International Section, Transport Standards Branch, FAA; or EASA; or
Airbus's EASA DOA.
    (2) The installation is accomplished in accordance with
modification instructions approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA
DOA; or in accordance with modification instructions approved by an
EASA DOA (other than the Airbus EASA DOA), provided the conditions
in paragraphs (j)(2)(i) through (j)(2)(iv) of this AD are met.
    (i) Absence of ECAM warning or maintenance message related to
ELAC, before the data-loadable ELAC unit is removed and software is
loaded.
    (ii) The data-loadable ELAC unit is removed as specified in
Airbus AMM Task 27-93-34-000-001-A.
    (iii) The data-loadable ELAC unit is checked by two different
means, either LRU identification and label call up, or Alpha Call Up
ELA 1 and ELA 2.
    (iv) After the software is loaded, the data-loadable ELAC unit
is re-installed as specified in Airbus AMM Task 27-93-34-400-001-A.

(k) Airplanes Not Affected by the Requirements of Paragraph (h) of This
AD

    (1) An airplane on which any modification (mod) specified in
paragraphs (k)(1)(i) and (k)(1)(ii) of this AD was embodied in
production is not affected by the requirements of paragraph (h) of
this AD, provided it is determined that no affected ELAC is
installed as of the effective date of this AD.
    (i) Airbus mod 161843 (installation of data-loadable ELAC P/N
3945129100 unit with L99 software P/N<PHONE_NUMBER>) or mod

159979 (installation of non-data-loadable ELAC L99 P/N<PHONE_NUMBER>).
    (ii) Airbus mod 160577 (installation of data-loadable ELAC P/N
3945129100 unit with L101 software P/N<PHONE_NUMBER>) or mod 162042
(installation of non-data-loadable ELAC L101 P/N<PHONE_NUMBER>).
    (2) An airplane on which any modification specified in
paragraphs (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD was done
is not affected by the requirements of paragraph (h) of this AD,
provided it is determined that no affected ELAC is installed as of
the effective date of this AD.
    (i) A modification specified in Airbus Service Bulletin A320-27-
1267, Revision 00, dated September 27, 2017 (ELAC L101 P/N
3945128218 non-data-loadable).
    (ii) A modification specified in Airbus Service Bulletin A320-
27-1268, Revision 00, dated September 27, 2017 (ELAC P/N<PHONE_NUMBER>
data-loadable with L101 software P/N<PHONE_NUMBER> for A320 NEO).
    (iii) A modification specified in Airbus Service Bulletin A320-
27-1269, Revision 00, dated September 27, 2017 (ELAC P/N<PHONE_NUMBER>
data-loadable with L101 software P/N<PHONE_NUMBER>).

(l) Terminating Action for AD 2016-17-03

    Accomplishing the actions required by paragraph (h) of this AD
or complying with any method of compliance specified in paragraph
(k) of this AD terminates all requirements of AD 2016-17-03.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (n)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0007R1, dated January 19, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0556.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3223; fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email [email protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-12885 Filed 6-19-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57891-57893]
[FR Doc No: 2015-24445]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31833; 812-14550]

General Electric Company and GE Capital International Funding
Company; Notice of Application

September 21, 2015.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from all provisions of
the Act.

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Summary of Application: Applicants request an order that would permit
GE Capital International Funding Company (``FinCo'') to issue and sell
commercial paper, preferred stock and other debt securities to finance
the operations of subsidiaries of General Electric Company (``GE'').
Applicants state that FinCo would qualify for the exemption provided by
rule 3a-5 under the Act but for the fact that FinCo may finance GE
subsidiaries that are not ``companies controlled by'' GE within the
meaning of rule 3a-5 due to their reliance on sections 3(c)(5) or
3(c)(6) of the Act (collectively, the ``Controlled Companies'').

Applicants: GE and FinCo.

Filing Date: The application was filed on September 21, 2015.

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 16, 2015, and should be accompanied by proof of service
on 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, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090; Applicants, 299 Park Avenue, New York,
NY 10171.

FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, at
(202) 551-6826, or Mary Kay Frech,

Branch Chief, at<PHONE_NUMBER> (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 Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. GE, a New York corporation, is one of the largest and most
diversified infrastructure and financial services corporations in the
world. Its products and services range from aircraft engines, power
generation, oil and gas production equipment and household appliances
to medical imaging, business and consumer financing and industrial
products. Applicants state that GE is not an investment company as
defined in section 3(a) of the Act.\1\
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    \1\ For purposes of the requested order, GE will only be
eligible to serve as the ``parent company'' of FinCo as contemplated
by rule 3a-5 for so long as GE satisfies the definition of a
``parent company'' set forth in rule 3a-5(b)(2).
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    2. General Electric Capital Corporation (``GE Capital'') is a
Delaware corporation and a wholly-owned subsidiary of GE. GE Capital is
a diversified financial services company that, directly or through its
subsidiaries, engages in various forms of financing activity, including
financing real estate, financing equipment and factoring. Applicants
state that GE Capital is not an investment company pursuant to section
3(c)(6) of the Act. As described below, applicants expect GE Capital to
be restructured and subsequently merged out of existence as part of a
reorganization of GE's financial services businesses, with certain GE
Capital businesses being transferred to other wholly-owned subsidiaries
of GE as part of the restructuring.
    3. On April 10, 2015, GE announced a plan to reduce the size of its
financial services businesses through the sale of most of the assets of
GE Capital over the next 24 months and to focus on continued investment
and growth in GE's industrial businesses. In connection with this plan,
GE Capital has formed FinCo, an Irish unlimited company and a wholly-
owned subsidiary of GE Capital and of GE. FinCo's primary purpose is to
finance the operations of GE's foreign subsidiaries and, initially,
will do so by issuing new notes (``New Notes'') in exchange for old
notes (``Old Notes'') previously issued by GE Capital (the ``Exchange
Offer''). Following the Exchange Offer, GE Capital's businesses will be
reorganized into separate U.S. and non-U.S. holding companies, with GE
Capital International Holdings Limited (``European Holdco'') \2\ owning
all of the foreign businesses currently owned by GE Capital, including
FinCo, and a domestic holding company owning all of the domestic
businesses (as described in greater detail in the application, the
``Reorganization''). Applicants state that any successor to GE Capital
businesses will only be treated as a ``Controlled Company'' if it
satisfies the requirements of section 3(c)(5) or 3(c)(6) of the Act.
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    \2\ European Holdco, a UK limited company, is a wholly-owned
subsidiary of GE. As the successor to GE Capital's foreign
businesses through the Reorganization, European Holdco will engage
in financing activities, including financing real estate, financing
equipment, and factoring. GE anticipates that the mix of businesses
to be transferred to European Holdco from GE Capital will allow
European Holdco to similarly rely on section 3(c)(6) upon completion
of the Reorganization. European Holdco will only be treated as a
``Controlled Company'' if it satisfies the requirements of section
3(c)(5) or 3(c)(6) of the Act.
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    4. The New Notes that FinCo will issue in the Exchange Offer will
include multiple classes with various maturity dates, interest rates
and other terms. The New Notes will be offered for exchange only (i) to
holders of Old Notes that are ``qualified institutional buyers'' as
defined in rule 144A under the Securities Act of 1933 (the ``Securities
Act'') in a private transaction in reliance upon the exemption from the
registration requirements of the Securities Act provided by section
4(a)(2) thereof and (ii) outside the United States, to non-U.S. holders
of Old Notes in accordance with regulation S under the Securities Act.
The New Notes will be guaranteed by GE and GE Capital, with European
Holdco ultimately assuming GE Capital's guarantee obligation in
connection with the Reorganization. In the future, FinCo may issue any
manner of debt (including commercial paper exempt under section 3(a)(3)
of the Securities Act) and preferred stock, in both public and private
offerings in the United States or abroad, so long as such issuance is
consistent with rule 3a-5 (together with the New Notes,
``Securities''). Other than as noted in the application, FinCo will
comply with the applicable requirements in rule 3a-5(a)(1) through (4)
and with rule 3a-5(b)(1)(i) under the Act.
    5. FinCo will utilize the proceeds from the issuance and sale of
Securities to finance the operations of Controlled Companies and other
``companies controlled by'' GE within the meaning of rule 3a-5 under
the Act.\3\ The Controlled Companies will use the proceeds of the
financing from FinCo to engage in different financing activities,
including, among others, (i) equipment financing, (ii) inventory
financing and (iii) factoring. Applicants state that each of the
Controlled Companies would be ``a company controlled by the parent'' as
defined in rule 3a-5 but for the fact that the Controlled Companies
rely, or upon their formation will rely, on section 3(c)(5) or 3(c)(6)
of the Act for exclusion from regulation as an investment company under
the Act.
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    \3\ FinCo may invest in or loan to Controlled Companies other
than GE Capital and European Holdco. These other Controlled
Companies will be wholly-owned subsidiaries of GE before and after
the Reorganization, and wholly-owned subsidiaries of GE Capital
before the Reorganization and of European Holdco thereafter.
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    6. Applicants state that in compliance with rule 3a-5(a)(5), FinCo
will invest in or loan to Controlled Companies and other ``companies
controlled by'' GE within the meaning of rule 3a-5 at least 85% of any
cash or cash equivalents raised from the sale of Securities as soon as
practicable, but in no event later than six months after the receipt of
such cash or cash equivalents. In accordance with rule 3a-5(a)(6) under
the Act, all investments by FinCo, including temporary investments,
will be made in Government securities (as defined in the Act),
securities of GE, Controlled Companies or other ``companies controlled
by'' GE within the meaning of rule 3a-5, or debt securities that are
exempted from the provisions of the Securities Act by section 3(a)(3)
of the Securities Act.

Applicants' Legal Analysis

    1. Applicants request an order under section 6(c) of the Act
exempting FinCo from all provisions of the Act. Rule 3a-5 under the Act
provides an exemption from the Act for certain companies organized
primarily to finance the business operations of their parent companies
or companies controlled by their parent companies.
    2. Rule 3a-5(b)(3)(i) under the Act, in relevant part, defines a
``company controlled by the parent company'' to mean any corporation,
partnership, or joint venture that is not considered an investment
company under section 3(a) of the Act, or that is excepted or exempted
by order from the definition of investment company by section 3(b) or
by the rules and regulations under section 3(a) of the Act. Applicants
state that the Controlled Companies do not fit within the definition of
``company controlled by the parent company'' because they derive their
non-

investment company status from sections 3(c)(5) or 3(c)(6) of the Act.
Accordingly, applicants request exemptive relief to permit FinCo to
issue and sell Securities to finance the operations of the Controlled
Companies. Applicants state that neither FinCo, GE, nor any of the
Controlled Companies engage primarily in investment company activities.
    3. Section 6(c) of the Act, in pertinent part, provides that the
Commission, by order upon application, may conditionally or
unconditionally exempt any person, security or transaction, or any
class or classes of persons, securities or transactions, from any
provision or provisions of the Act to the extent that such exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act. Applicants submit that its exemptive request
meets the standards set out in section 6(c) of the Act.

Applicants' Condition

    Applicants agree that the order granting the requested relief will
be subject to the following condition:
    FinCo will comply with all of the provisions of rule 3a-5 under the
Act, except FinCo will be permitted to (i) make loans to or make or
hold investments in Controlled Companies that do not meet the portion
of the definition of ``company controlled by a parent company'' in rule
3a-5(b)(3)(i) under the Act solely because they are excluded from the
definition of investment company under sections 3(c)(5) or 3(c)(6) of
the Act; (ii) have its securities owned by such Controlled Companies;
and (iii) treat European Holdco as a ``company controlled by the parent
company'' for purposes of rule 3a-5, if European Holdco is exempt from
registration under the Act pursuant to an order issued by the
Commission under section 6(c) of the Act.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-24445 Filed 9-24-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Notices]
[Page 3070]
[DOCID:fr19ja06-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-458-002]

Gas Transmission Northwest Corporation; Notice of Compliance
Filing

January 10, 2006.
    Take notice that on December 30, 2005, Gas Transmission Northwest
Corporation (GTN) tendered for filing as part of its FERC Gas Tariff,
Third Revised Volume No. 1-A, the following tariff sheets, to become
effective December 31, 2005:

Fourth Revised Sheet No. 231.
Original Sheet No. 232.
Sheet Nos. 233-249.

    GTN states that these tariff sheets are being submitted to reflect
implementation of certain North American Energy Standards Board
standards.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-489 Filed 1-18-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 10, 2007 (Volume 72, Number 68)]
[Notices]
[Page 17889-17890]
[DOCID:fr10ap07-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-381-000]

Trailblazer Pipeline Company; Notice of Proposed Changes in FERC
Gas Tariff

April 4, 2007.
    Take notice that on March 30, 2007, Trailblazer Pipeline Company
(Trailblazer) tendered for filing as part of its FERC Gas Tariff, Third
Revised Volume No. 1, Fifth Revised Sheet No. 8, to become effective
May 1, 2007.
    Trailblazer states that copies of this filing are being mailed to
its customers and interested state commissions.
    Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and

interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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>.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-6683 Filed 4-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Notices]
[Pages 16024-16025]
[FR Doc No: 2012-6512]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC12-78-000.
    Applicants: Algonquin Power Fund (America) Inc., Pocahontas Prairie
Wind, LLC, Sandy Ridge Wind, LLC.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities and Request for Expedited Action of Sandy
Ridge Wind, LLC, et al.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5204.
    Comments Due: 5 p.m. ET 3/30/12.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER00-3080-007.
    Applicants: Otter Tail Power Company.

    Description: Otter Tail Power Company submits corrections to its
December 30, 2011 filing of its updated market power analysis to make
wholesale power sales at market-based rates.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5197.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER10-1414-001; ER11-1881-003; ER10-3166-001; ER11-
1890-003; ER01-138-009; ER11-1882-003; ER10-1406-002; ER11-1883-003;
ER11-1885-003; ER10-1416-002; ER11-1892-003; ER11-1886-003; ER11-1893-
003; ER11-1887-003; ER11-1889-003; ER11-1894-003; ER10-1345-003; ER10-
1343-003; ER10-1346-002; ER10-1348-002; ER11-2534-002.
    Applicants: Burley Butte Wind Park, LLC, Cadillac Renewable Energy
LLC, Camp Reed Wind Park, LLC, CPI Energy Services (US) LLC, CPIDC,
Inc., Delta Person Limited Partnership, Frederickson Power L.P., Golden
Valley Wind Park, LLC, Lake Cogen Ltd., ManChief Power Company LLC,
Milner Dam Wind Park, LLC, Morris Cogeneration, LLC, Oregon Trail Wind
Park, LLC, Pasco Cogen, Ltd., Payne's Ferry Wind Park, LLC, Pilgrim
Stage Station Wind Park, LLC, Salmon Falls Wind Park, LLC, Thousand
Springs Wind Park, LLC, Tuana Gulch Wind Park, LLC, Yahoo Creek Wind
Park, LLC, Auburndale Power Partners, Limited Partners, L.P.
    Description: Supplement to Notice of Non-Material Change of Status
of Auburndale Power Partners, L.P., et al.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5198.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER10-1459-003.
    Applicants: FirstEnergy Solutions Corp.
    Description: Second Revised Affiliate Sales Tariff to be effective
6/1/2012.
    Filed Date: 3/8/12.
    Accession Number: 20120308-5134.
    Comments Due: 5 p.m. ET 3/29/12.

    Docket Numbers: ER12-539-003.
    Applicants: Atlantic Power Energy Services (US) LLC.
    Description: Supplement to Notice of Non-Material Change in Status
to be effective 5/8/2012.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5135.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER12-540-003.
    Applicants: APDC, Inc.
    Description: Supplement to Notice of Non-Material Change in Status
to be effective 5/8/2012.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5131.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER12-541-001.
    Applicants: Frederickson Power L.P.
    Description: Supplement to Notice of Non-Material Change in Status
to be effective 5/8/2012.
    Filed Date: 3/9/12
    Accession Number: 20120309-5145.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER12-544-001.
    Applicants: Morris Cogeneration, LLC.
    Description: Supplement to Notice of Non-Material Change in Status
to be effective 5/8/2012.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5154.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER12-546-001.
    Applicants: Pasco Cogen, Ltd.
    Description: Supplement to Notice of Non-Material Change in Status
to be effective 5/8/2012.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5127.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER12-1215-001.
    Applicants: New York Independent System Operator, Inc.
    Description: NYISO Amendment to Correct DAMAP Filing to be
effective 3/7/2012.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5166.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER12-1238-000.
    Applicants: Broken Bow Wind, LLC
    Description: Petition of Broken Bow Wind, LLC for Order Accepting
Market-Based Rate Tariff to be effective 5/8/2012.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5132.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER12-1239-000.
    Applicants: Crofton Bluffs Wind, LLC.
    Description: Crofton Bluffs Wind, LLC Petition for Market-Based
Rates to be effective 5/8/2012.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5134.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER12-1240-000.
    Applicants: Nevada Power Company.
    Description: Rate Schedule No. 124 ORNI 39 McGinness Hills Related
PPA to be effective 4/8/2012.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5150.
    Comments Due: 5 p.m. ET 3/30/12.

    Docket Numbers: ER12-1241-000.
    Applicants: Alabama Power Company.
    Description: PowerSouth NITSA Amendment (Add McVay-Scyrene
Temporary Delivery Point) to be effective 3/1/2012.
    Filed Date: 3/9/12.
    Accession Number: 20120309-5185.
    Comments Due: 5 p.m. ET 3/30/12.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES12-26-000.
    Applicants: Ameren Services Company, Union Electric Company.
    Description: Ameren Services Company on behalf of Union Electric
Company submits Application FPA Section 204 authorization.
    Filed Date: 3/8/12.
    Accession Number: 20120308-5207.
    Comments Due: 5 p.m. ET 3/29/12.

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

    Dated: March 12, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-6512 Filed 3-16-12; 8:45 am]
BILLING CODE 6717-01-P