Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations 15037

Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB

Control Number 2120–0056. (c) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Los Angeles ACO. Note 2: Information concerning the

existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles ACO. (d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished. (e) The inspection, removal, reinstallation, and encapsulation shall be done in

accordance with McDonnell Douglas DC–9 Service Bulletin 24–121, dated February 24, 1992. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained

from McDonnell Douglas Corporation, P.O. Box 1771, Long Beach, California 90801–

1771, Attention: Business Unit Manager, Technical Administrative Support, Dept. LS1, M.C. 2–98. Copies may be inspected at

the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at FAA, Transport Airplane Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. (f) This amendment becomes effective on April 21, 1995. Issued in Renton, Washington, on March 9, 1995. Neil D. Schalekamp, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 95–6320 Filed 3–21–95; 8:45 am] BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–24–AD; Amendment 39–9179; AD 95–04–51] Airworthiness Directives; Dornier Model 328–100 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. SUMMARY: This document publishes in

the Federal Register an amendment adopting Airworthiness Directive (AD) T95–04–51 that was sent previously to

all known U.S. owners and operators of all Dornier Model 328–100 series

airplanes by individual telegrams. This AD requires certain revisions to the Airplane Flight Manual (AFM), replacement of certain de-icing boots in

the air intake duct assemblies of the

engine with re-designed units, and

inspections of the boots to detect discrepancies. This amendment is prompted by reports of failures of the

engine air inlet de-icing system, including debonding of the boots from

the engine air intake ducts, failure of the

air-tight chambers in the boots, and malfunction and subsequent shutdown

of an engine during flight. The actions

specified by this AD are intended to prevent engine malfunction due to

failure of the engine air inlet de-icing

system. DATES: Effective April 6, 1995, to all persons except those persons to whom

it was made immediately effective by

telegraphic AD T95–04–51, issued

February 21, 1995, which contained the

requirements of this amendment. The incorporation by reference of certain publications listed in the

regulations is approved by the Director of the Federal Register as of April 6, 1995. Comments for inclusion in the Rules Docket must be received on or before May 22, 1995. ADDRESSES: Submit comments in

triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM–103, Attention: Rules Docket No. 95–NM–

24–AD, 1601 Lind Avenue, SW., Renton, Washington 98055–4056. The applicable service information may be obtained from Dornier Deutsche Aerospace, P.O. Box 1103, D–82230 Wessling, Federal Republic of Germany. This information may be examined at

the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer, Standardization Branch, ANM–113, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone

(206) 227–1112; fax (206) 227–1320. SUPPLEMENTARY INFORMATION: On

February 21, 1995, the FAA issued

telegraphic AD T95–04–51, which is applicable to all Model Dornier 328–100

series airplanes. That action was prompted by reports of failure of the

engine inlet de-icing system, including debonding of the boots from the engine

air intake ducts, failure of the airtight chambers in the boots, and malfunction

and subsequent shutdown of an engine

during flight. These conditions, if not corrected, could result in significant

loss of engine power. The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for

the Federal Republic of Germany, recently notified the FAA that an unsafe

condition may exist on all Dornier Model 328–100 series airplanes. The LBA advises that it has received

numerous reports of failures of the

engine inlet de-icing system, including

reports of debonding of the de-icing boots from the engine air intake ducts, and other reports of failure of the airtight chambers in these pneumatic deicing boots. In one case, debonding and

associated disruption of airflow into the

engine resulted in malfunction and

subsequent shutdown of the engine during flight. The causes of failure of

the engine inlet de-icing system have not yet been identified fully. Dornier has issued Service Bulletin

SB–328–30–020, dated March 17, 1994, which describes procedures for

repetitive detailed visual and tactile

inspections of the de-icing boots of the

air intake on the engines to detect flat spots, softness, or other discrepancies in

the de-icing boots, and to ensure that

the edges of the de-icing boots are

sealed properly. Dornier also has issued Alert Service Bulletin ASB–328–71–006, Revision 1, dated February 16, 1995, which

describes procedures for replacement of certain de-icing boots on the air intakes of the engines with de-icing boots that have been re-designed. The LBA classified these service bulletins as mandatory and issued German airworthiness directive 95–098/ 2, dated February 17, 1995, in order to

assure the continued airworthiness of

these airplanes in the Federal Republic of Germany. In light of the failure history of certain

engine intake de-icing systems on which

re-designed de-icing boots are not

installed, the FAA finds that the

existing de-icing boots must be replaced with re-designed units. In the interim, daily inspections, as described in the Dornier service bulletin, are required to determine the condition of the de-icing

system. In addition, because the causes of the failures have not been identified

fully, the FAA has determined that

functional tests also are necessary prior

to each flight to ensure proper operation

of the system. Finally, for the same

reason, this AD also requires that these

inspections and tests be continued at greater intervals following installation

of the re-designed boot to ensure that

installation of the re-designed unit has corrected the unsafe condition.
15038 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations This airplane model is manufactured

in the Federal Republic of Germany and

is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the LBA has kept the FAA informed of the situation

described above. The FAA has examined the findings of the LBA, reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States. Since the unsafe condition described

is likely to exist or develop on other airplanes of the same type design

registered in the United States, the FAA

issued Telegraphic AD T95–04–51 to: 1. Require replacement of certain deicing boots with re-designed units; 2. Provide operating limitations and

require revisions to abnormal procedures to specify that icing

conditions must be exited or the

airplane must be landed at the nearest suitable airport under certain

conditions; 3. Require certain inspections to detect discrepancies in de-icing boots; 4. Require functional tests to ensure proper operation of the de-icing system; and

5. Require that operators report to the FAA findings of any discrepancy discovered on re-designed boots. This is considered to be interim

action until final action is identified, at which time the FAA may consider

further rulemaking. As a result of recent communications with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may misunderstand the legal effect of AD’s on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane has been altered or repaired in the

affected area in such a way as to affect compliance with the AD, the owner or operator is required to obtain FAA

approval for an alternative method of compliance with the AD, in accordance with the paragraph of each AD that provides for such approvals. A note has been included in this rule to clarify this

long-standing requirement. Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

telegrams issued on February 21, 1995, to all known U.S. owners and operators of Dornier Model 328–100 series airplanes. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to

section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective as to all persons. Comments Invited Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons are invited to comment on this rule by

submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether additional rulemaking action would be needed. Comments are specifically invited on

the overall regulatory, economic, environmental, and energy aspects of

the rule that might suggest a need to modify the rule. All comments

submitted will be available, both before

and after the closing date for comments, in the Rules Docket for examination by

interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to Docket Number 95–NM–24–AD.’’ The postcard will be date stamped and

returned to the commenter. The regulations adopted herein will not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment. The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft, and that it is not a ‘‘significant regulatory action’’ under Executive Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency

regulation otherwise would be

significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the Rules Docket at the location provided

under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation

safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the

authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR

part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39

continues to read as follows: Authority: 49 U.S.C. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89. § 39.13 [Amended] 2. Section 39.13 is amended by

adding the following new airworthiness directive: 95–04–51 Dornier: Amendment 39–9179. Docket 95–NM–24–AD. Applicability: All Model 328–100 series airplanes, certificated in any category. Note 1: This AD applies to each airplane

identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area

subject to the requirements of this AD. For airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the owner/operator must use the authority provided in paragraph (f) to request approval

from the FAA. This approval may address either no action, if the current configuration

eliminates the unsafe condition; or different actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the unsafe condition addressed by this AD. In no
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations 15039

case does the presence of any modification, alteration, or repair remove any airplane from

the applicability of this AD. Compliance: Required as indicated, unless accomplished previously. To prevent engine malfunction due to

failure of the engine air inlet de-icing system, accomplish the following: (a) For all airplanes: Within 24 hours after

the effective date of this AD, accomplish

paragraphs (a)(1), (a)(2), and (a)(3) of this AD. (1) Revise the Limitations Section of the FAA-approved Airplane Flight Manual

(AFM) by inserting the following limitation

in the AFM. This may be accomplished by

inserting a copy of this AD in the AFM.

‘‘During flight, if the ‘ENG DEICE FAIL’ electronic indication and caution advisory

system (EICAS) annunciation activates for either engine, flight into known or forecast

icing conditions is prohibited.’’ (2) Revise the Abnormal Procedures Section of the FAA-approved AFM by

removing page 4, dated September 1, 1994, of section 04–12–00, and replacing it with

the following. This may be accomplished by

inserting a copy of this AD in the AFM.

‘‘1. Icing Conditions. Exit immediately. If un- able, land at nearest suitable airport.’’

(3) Revise the Limitations Section of the FAA-approved AFM to include the following

functional test. This may be accomplished by

inserting a copy of this AD in the AFM.

‘‘Accomplish the following test at the

applicable time specified as follows:

‘‘For airplanes equipped with air intake duct assemblies having de-icing boots with

part numbers (P/N’s) 29S–5D5240–21, –23, and –25: As of 24 hours after the effective date of AD 95–04–51, accomplish the

functional test prior to each flight.

‘‘For airplanes equipped with air intake duct assemblies having de-icing boots with

P/N’s 29S–5D5240–211 (inlet lip), –231

(bypass duct), and –251 (aft ramp duct): Accomplish the functional test within 24 hours after the effective date of AD 95–04–

51, and thereafter at daily intervals.

‘‘Perform a functional test of the de-icing

system of the air intake ducts of the left and

right engines to determine the condition of

the system, in accordance with the procedures specified below. Flight crew or maintenance personnel shall perform this

test. FUNCTIONAL TEST OF THE DE-ICING

SYSTEM

‘‘With engines running at idle power, display and monitor the ‘ICE PROTECT’ system page of the electronic indication and

caution advisory system (EICAS), select left and right ‘ENGINE INTAKE’ pushbuttons in

(‘ON’), for a minimum of 60 seconds. Monitor system page for normal indications of one

complete boot inflation and deflation cycle. Monitor EICAS for normal messages, and

absence of ‘ENG DEICE FAIL’ caution. After 60 seconds and observation of one

complete inflation/deflation cycle, release

‘ENGINE INTAKE’ pushbuttons to out (‘OFF’) position, confirm absence of system page and

EICAS cautions, and deselect ‘ICE PROTECT’ system page. At completion of check,

‘ENGINE INTAKE’ pushbuttons may be

turned back on if required for departure.

‘‘If any EICAS ‘ENG DEICE FAIL’ annunciation is observed, or if system normal

inflate and deflate cycling is not observed: The system shall be considered inoperative. Prior to further flight, the detailed visual and

tactile inspections required by paragraph (b) of AD 95–04–51 must be accomplished.

‘‘If no discrepancy with the de-icing boots

is found during these inspections, the deicing system may be inoperative for a period

of time not to exceed that specified in the DO–328 Master Minimum Equipment List

(MMEL). Flight into known or forecast icing

conditions is prohibited.’’ (b) For airplanes equipped with air intake duct assemblies having de-icing boots with

P/N’s 29S–5D5240–21, –23, and –25: Accomplish paragraphs (b)(1) and (b)(2) of

this AD at the times specified in those paragraphs. (1) Within 24 hours after the effective date of this AD: Perform a detailed visual

inspection and a tactile inspection of the deicing boots in the air intake ducts on the

engines to detect flat spots, softness, or other discrepancies, and to ensure that the edges of

the de-icing boots are sealed properly, in

accordance with Dornier Service Bulletin

SB–328–30–020, dated March 17, 1994. (i) If no discrepancies are found and the

edges of the de-icing boots are sealed

properly (no debonding between the boot and

the intake duct), repeat the detailed visual and tactile inspections required by paragraph

(b)(1) of this AD thereafter at daily intervals. (ii) If any discrepancy is found, or if any

edge of a de-icing boot is sealed improperly

(debonding between the boots and the intake duct), prior to further flight, replace all three de-icing boots having P/N’s 29S–5D5240–21, –23, and –25, with three new units having P/ N’s 29S–5D5240–211, –231, and –251, in

accordance with the procedures specified in Dornier Alert Service Bulletin ASB–328–71–

006, Revision 1, dated February 16, 1995. (2) Within 5 days after the effective date of

this AD, replace all three de-icing boots having P/N’s 29S–5D5240–21, –23, and –25, with three new units having P/N’s 29S–

5D5240–211, –231, and –251, in accordance with Dornier Alert Service Bulletin ASB–

328–71–006, Revision 1, dated February 16, 1995. Following such replacement, perform

the detailed visual and tactile inspections and the functional tests required by paragraphs (c) and (a)(3) of this AD, respectively, in accordance with the times and procedures specified in those paragraphs. (c) For airplanes equipped with air intake duct assemblies having de-icing boots with

P/N’s 29S–5D5240–211,–231, and –251: Within 7 days after the effective date of this AD, perform a detailed visual inspection and

a tactile inspection of the de-icing boots in

the air intake ducts on the engines to detect

flat spots, softness, or other discrepancies, and to ensure that the edges of the de-icing boots are sealed properly, in accordance with

the procedures specified in Dornier Service Bulletin SB–328–30–020, dated March 17, 1994. (1) If no discrepancies are found and the

edges of the de-icing boots are sealed

properly (no debonding between the boot and

the intake duct): Repeat the detailed visual and tactile inspections required by paragraph

(c) of this AD thereafter at intervals not to

exceed 7 days. (2) If any discrepancy is found, or if any

edge of a de-icing boot is sealed improperly

(debonding between the boots and the intake duct): Prior to further flight, replace all three de-icing boots with three new units having P/ N’s 29S–5D5240–211, –231, and –251, in

accordance with Dornier Alert Service Bulletin ASB–328–71–006, Revision 1, dated

February 16, 1995; and accomplish the

reporting requirement specified in paragraph

(d) of this AD. (d) For airplanes equipped with air intake duct assemblies having de-icing boots with

P/N’s 29S–5D5240–211, –231, and –251: Within 10 days after accomplishing any

inspection or functional test required by this AD, report findings of any discrepancy to the Manager, Standardization Branch, ANM–113, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, WA 98055–4056; fax (206) 227–1320. Information collection

requirements contained in this regulation

have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056. (e) After the effective date of this AD, no de-icing boot having P/N 29S–5D5240–21, –23, or –25 shall be installed on any airplane. (f) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Standardization Branch, ANM–113. Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization Branch, ANM–113. Note 2: Information concerning the

existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM–113. (g) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished. (h) The inspections and replacement shall be done in accordance with Dornier Service Bulletin SB–328–30–020, dated March 17, 1994; and Dornier Alert Service Bulletin ASB–328–71–006, Revison 1, dated February

16, 1995. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained

from Dornier Deutsche Aerospace, P.O. Box

1103, D–82230 Wessling, Federal Republic of Germany. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at

the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.(i) This amendment becomes effective on April 6, 1995, to all persons except those persons to whom it was made immediately
15040 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations

1 16 U.S.C. 792–823b. 2As discussed below, the final rule eliminates

filing fees for future exemption applications, and

adopts annual charges with respect to exemptions

that are issued in the future for projects that are

equivalent in size to those of major licensed

projects.

3 IV FERC Stats. & Regs. ¶ 32,505. The NOPR was published in the Federal Register on February 3, 1994, 59 FR 5142. 4 16 U.S.C. 803(e)(1). 5 18 CFR part 11. 6The system of basing the annual charges on

actual costs was adopted in Order No. 205, 19 F.P.C. 907 (1958) (with respect to municipal

licensees only), and in Order No. 272, 30 F.P.C. 1333 (1963) (all other licensees); see also Order No. 272–A, 31 F.P.C. 1555 (1964). 7Pub. L. No. 99–509, Title III, Subtitle E, sec. 3401 (1986) (codified at 42 U.S.C. 7178). OBRA is

implemented in Part 382 of the Commission’s Regulations, 18 CFR Part 382. 8See Joint Explanatory Statement of the Committee of Conference to Accompany H.R. 5300

(Conference Report), H.R. Rep. No. 1012, 99th Cong., 2d Sess. 238, reprinted in 1986 U.S.C.C.A.N. 3607, 3883. 9The former procedures for estimating the costs and later adjusting the assessments were described

in Order No. 472, 52 FR 18201 (May 14, 1987), FERC Stats. & Regs. (Regulations Preambles 1986–

1990) ¶ 30,746 at pp. 30,612 and 30,616–17.

effective by telegraphic AD T95–04–51, issued on February 21, 1995, which

contained the requirements of this amendment. Issued in Renton, Washington, on March

14, 1995. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 95–6774 Filed 3–21–95; 8:45 am] BILLING CODE 4910–13–U

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 11 and 381

[Docket No. RM93–7–000; Order No. 576] Charges and Fees for Hydroelectric Projects

Issued: March 15, 1995. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Final rule. SUMMARY: The Federal Energy Regulatory Commission (Commission) is amending its regulations governing the

assessment of annual charges for the

administration of Part I of the Federal Power Act, 16 U.S.C. 792–823b. The

final rule adopts a maximum charge and makes the assessments commence at the

same time as the commencement of project construction. The final rule

eliminates annual charges for minor

licensees, and does not (as originally proposed) adopt annual charges for existing exemptees. The final rule

eliminates filing fees for future

exemption applications, and adopts annual charges with respect to

exemptions that are issued in the future

for projects that are equivalent in size to

those of major licensed projects. The

final rule retains at this time the

separate allocation of annual charges for administrative costs for municipal and

non-municipal licensees, and retains as well the existing formulae for allocating

those costs between the two classes of major licensees. The final rule defers consideration of those issues to a future proceeding. EFFECTIVE DATE: April 21, 1995. FOR FURTHER INFORMATION CONTACT: Barry Smoler, Office of the General Counsel, Federal Energy Regulatory Commission, 825 N. Capitol Street NE., Washington, DC 20426, (202) 208–1269. SUPPLEMENTARY INFORMATION: In

addition to publishing the full text of

this document in the Federal Register, the Commission also provides all

interested persons an opportunity to

inspect or copy the contents of this document during normal business hours

in Room 3104, 941 North Capitol Street, NE., Washington, DC 20426. The Commission Issuance Posting System (CIPS), an electronic bulletin

board service, provides access to the

texts of formal documents issued by the Commission. CIPS is available at no

charge to the user and may be accessed

using a personal computer with a modem by dialing (202) 208–1397. To

access CIPS, set your communications

software to 19200, 14400, 12000, 9600, 7200, 4800, 2400, 1200 or 300bps, full duplex, no parity, 8 data bits, and 1 stop

bit. The full text of this document will be available on CIPS for 60 days from

the date of issuance in ASCII and WordPerfect 5.1 format. After 60 days

the document will be archived, but still accessible. The complete text on

diskette in Wordperfect format may also

be purchased from the Commission’s copy contractor, La Dorn Systems Corporation, located in Room 3104, 941 North Capitol Street NE., Washington, DC 20426.

I. Introduction The Federal Energy Regulatory Commission (Commission) is amending

its regulations governing the assessment of annual charges for the administration

of Part I of the Federal Power Act

(FPA).1 The final rule adopts a maximum charge and makes the

assessments commence at the same time

as the commencement of project construction. The final rule eliminates annual charges for minor licensees, and

does not (as originally proposed) adopt annual charges for existing exemptees.2 The final rule retains at this time the

separate allocation of annual charges for administrative costs for municipal and

non-municipal licensees, and retains as well the existing formulae for allocating

those costs between the two classes of major licensees. The final rule defers consideration of those issues to a future proceeding.

II. Public Reporting Burden Under the current regulations, major non-municipal licensees file annual reports containing data on their electric

generation during the prior fiscal year. The final rule does not alter that reporting burden.

III. Background On January 26, 1994, the Commission

issued a Notice of Proposed Rulemaking

(NOPR) proposing to revise its

regulations governing the assessment of annual charges under FPA Part I.3 As explained in the NOPR, the Commission

is required by section 10(e)(1) of the FPA4 to collect annual charges from

licensees for the cost of administering Part I of the FPA. Part 11 of the Commission’s regulations 5 provides the manner in which licensees are charged

for such costs. Prior to the adoption of

the current regulations in 1958 and

1963, administrative charges were not based on the actual costs of the

government, but were in the nature of set fees that were billed for a calendar year.6 Under the current regulations, the

reimbursable costs are determined on a

fiscal year basis. Section 3401 of the Omnibus Budget Reconciliation Act of 1986 (OBRA) 7

requires the Commission to recover all of its costs for the fiscal year through

annual charges and fees.8 The annual charges assessed pursuant to OBRA are based on an estimate of the Commission’s current-fiscal-year costs, with subsequent adjustments based on

actual costs.9 Pursuant to OBRA, the Commission collects annual charges to

recover the costs of administering Parts

II and III of the FPA, as well as the costs

the Commission incurs in administering

the Natural Gas Act, the Natural Gas Policy Act, and the Interstate Commerce Act. In this regard, we note that section

3401(a)(2) of OBRA provides that ‘‘[t]he provisions of this subtitle shall not affect the authority, requirements, exceptions, or limitations in sections 10(e) and 30(e) of the Federal Power Act.’’ In response to the NOPR, the Commission received 73 comments. The