[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Rules and Regulations]
[Pages 1766-1768]
[FR Doc No: 2020-27931]

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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI39

Revisions to the Unverified List (UVL)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by removing three (3) persons
from the Unverified List (UVL). The three persons are removed from the
UVL on the basis that BIS was able to verify their bona fides (i.e.,
legitimacy and reliability relating to the end use and end user of
items subject to the EAR) through successful end-use checks.

DATES: This rule is effective January 11, 2021.

FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Unverified List (UVL), found in Supplement No. 6 to part 744 of
the Export Administration Regulations (15 CFR parts 730 through 774)
(EAR), contains the names and addresses of foreign persons who are or
have been parties to a transaction, as such parties are described in
Sec.  748.5 of the EAR, involving the export, reexport, or transfer
(in-country) of items subject to the EAR, and whose bona fides the
Bureau of Industry and Security (BIS) has been unable to verify through
an end-use check. BIS may add persons to the UVL when BIS or federal
officials acting on BIS's behalf have been unable to verify a foreign
person's bona fides because an end-use check, such as a pre-license
check (PLC) or a post-shipment verification (PSV), cannot be completed
satisfactorily for reasons outside the U.S. Government's control.
    There are a number of reasons why end-use checks cannot be
completed. These include but are not limited to reasons unrelated to
the cooperation of the foreign party subject to the end-use check. For
example, BIS sometimes initiates end-use checks and cannot find a
foreign party at the address indicated on export documents and cannot
locate the party by telephone or email. Additionally, BIS sometimes is
unable to conduct end-use checks when host government agencies do not
respond to requests to conduct end-use checks, prevent the scheduling
of such checks, or refuse to schedule them in a timely manner. Under
these circumstances, although BIS has an interest in informing the
public of its inability to verify the foreign party's bona fides, there
may not be sufficient information to add the foreign person at issue to
the Entity List (Supplement No. 4 to part 744 of the EAR) under Sec.
744.11 of the EAR (see paragraph (b), Criteria for revising the Entity
List), or under another provision of the EAR. In such circumstances,
BIS may add the foreign person to the UVL.
    Furthermore, BIS sometimes is able to conduct end-use checks but
cannot verify the bona fides of a foreign party. For example, BIS may
be unable to verify bona fides if, during the conduct of an end-use
check, a recipient of items subject to the EAR is unable to produce the
items that are the subject of the end-use check for visual inspection
or provide sufficient documentation or other evidence to confirm the
disposition of the items. The inability of foreign persons subject to
end-use checks to demonstrate their bona fides raises concerns about
the suitability of such persons as participants in future exports,
reexports, or transfers (in-country) of items subject to the EAR and
indicates a risk that such items may be diverted to prohibited end uses
and/or end users. However, in such circumstances, BIS may not have
sufficient information to establish that such persons are involved in
activities described in parts 744 or 746 of the EAR, therefore
preventing the placement of the persons on the Entity List. In such
circumstances, the foreign persons may be added to the UVL.
    As provided in Sec.  740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec.  744.15(b) of the EAR, there is a
requirement for exporters, reexporters, and transferors to obtain (and
keep a record of) a UVL statement from a party or parties to the
transaction who are listed on the UVL before proceeding with exports,
reexports, and transfers (in-country) to such persons, when the
exports, reexports and transfers (in-country) are not subject to a
license requirement.
    Requests for removal of a UVL entry must be made in accordance with
Sec.  744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL listings will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of its bona fides.

Changes to the EAR

Supplement No. 6 to Part 744 (``the Unverified List'' or ``UVL'')

    This rule removes three persons from the UVL. BIS is removing these
persons pursuant to Sec.  744.15(c)(2) of the EAR based on the
successful completion of end-use checks that resulted in the
verification of their bona fides. This final rule implements the
decision of the Acting Deputy Assistant Secretary for Export
Enforcement to remove the following three persons located in Germany
and Mexico from the UVL:
    Germany:
 DMA Logistics GmbH, Max Planck-Strasse 1, Unna, Germany; and
 Halm Elektronik GmbH, Burgstrasse 106, Frankfurt am Main,
Germany
    Mexico:
     Integrated Production and Test Engineering, a.k.a. IPTE,
Calle Alambiques 975--9, Parque Industrial el [Aacute]lamo,
Guadalajara, Jalisco 44490, Mexico

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. 4801 through 4852). ECRA provides the legal basis
for BIS's principal authorities and serves as the authority under which
BIS issues this rule.

Rulemaking Requirements

    Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated as ``not significant'' for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
    This rule does not contain policies with Federalism implications as
that term is defined in Executive Order 13132.
    Pursuant to section 1762 of the Export Control Reform Act of 2018
(50 U.S.C. 4821) this action is exempt from the Administrative
Procedure Act (5 U.S.C. 553) requirements for notice of proposed
rulemaking, opportunity for public participation, and delay in
effective date. The analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable because no
general notice of proposed rulemaking was required for this action.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
    Notwithstanding any other provision of law, no person is required
to respond to, nor is subject to a penalty for failure to comply with,
a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under the

following control numbers: 0694-0088 (Simplified Network Application
Processing+ System (SNAP+) and the Multipurpose Export License
Application), 0694-0122 (Licensing Responsibilities and Enforcement),
and 0694-0137 (License Exceptions and Exclusions). Collection 0694-0088
includes, among other things, license applications, and carries a
burden estimate of 42.5 minutes for a manual or electronic submission
for a total burden estimate of 31,878 hours.
    This rule will not change public burden in a collection of
information approved by OMB under control number 0694-0088. The
restoration of license exceptions for listed persons on the Unverified
List will result in decreased license applications being submitted to
BIS by exporters. The removal of license exceptions for listed persons
on the Unverified List will potentially result in increased license
applications being submitted to BIS by exporters. Total burden hours
associated with the Paperwork Reduction Act and OMB control number
0694-0088 are expected not to change, as the restoration of some
license exceptions and the restriction of other license exceptions will
only affect transactions involving persons removed from or added to the
Unverified List and not all export transactions. Because license
exception eligibility is restored for these entities removed from the
UVL, this rule increases public burden in a collection of information
approved by OMB under control number 0694-0137 minimally, as this will
only affect specifically listed individual persons. The decreased
burden under 0694-0088 is reciprocal to the increased burden under
0694-0137, and results in little or no change of burden to the public.
This rule also decreases public burden in a collection of information
under OMB control number 0694-0122, as a result of the exchange of UVL
statements between private parties. The total change in burden hours
associated with both of these collections is expected to be minimal, as
it involves a limited number of persons listed on the UVL.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730 through 774) is amended as follows:

PART 744--CONTROL POLICY: END-USER AND END-USE BASED

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).

Supplement No. 6 to Part 744 [Amended]

0
2. Supplement No. 6 to part 744 is amended in the table by:
0
a. Removing the entries for ``DMA Logistics GmbH'' and ``Halm
Elektronik GmbH'' under ``Germany''; and
0
b. Removing the entry for ``Mexico''.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-27931 Filed 1-8-21; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7619-7620]
[FR Doc No: 2011-2951]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63838; File No. SR-Phlx-2011-11]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX LLC To Modify
Fees for NASDAQ OMX PSX

February 3, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 26, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify the fees applicable to trading on
the NASDAQ OMX PSX system (``PSX''). The text of the proposed rule
change is available on the Exchange's Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to modify order execution fees applicable
to use of PSX for trading stocks priced at $1 or more. Since its launch
in October 2010, PSX has employed a promotional, ``inverted'' pricing
structure under which the rebate paid to members that provide liquidity
exceeds the fee charged for accessing liquidity. Specifically, PSX
currently charges $0.0013 per share executed for orders that access
liquidity, while paying a higher rebate for orders that provide
liquidity. Consistent with PSX's goal of encouraging display of larger
order sizes, the Exchange currently offers a rebate of $0.0024 per
share executed for Displayed Orders with an original order size of
2,000 or more shares, but only $0.0018 per share executed for Non-
Displayed Orders or for Displayed Orders with an original order size of
less than 2,000.\3\
---------------------------------------------------------------------------

    \3\ The higher credit applies to an order as it is decremented
by partial executions, but does not apply in circumstances where an
order for more than 2,000 shares is entered and then reduced in size
by the entering Participant, such that the order is subsequently in
the System for less than 2,000 shares. Moreover, changes to orders
that result from system operations other than execution and
decrementation are deemed to result in new orders. For example, a
Pegged Order is considered a new order each time its price changes.
    Thus, if a Participant entered a 2,400 share order that posted
to the PSX book, the order was executed for 1,000 shares, and the
remainder of the order was then executed for 1,400, both of the
executions would receive the higher credit. However, if a PSX
Participant entered a 2,400 share order and subsequently modified
the order down to 1,500 shares, the lower credit would apply.
Finally, if a Participant entered a 2,400 share buy order pegged to
the national best bid, the order executed for 1,000 shares, and the
order then repriced due to a change in the national best bid, the
1,000 share execution would receive the higher 0.0024 credit but a
subsequent execution of the repriced order would receive the lower
credit because it would be treated as a new order with a size below
2,000 shares.
---------------------------------------------------------------------------

    Effective February 1, 2011, the fee for accessing liquidity will
increase to $0.0025 per share executed, while the rebate for providing
displayed liquidity with an original order size of 2,000 or more shares
will remain $0.0024 per share executed. The rebate for Displayed Orders
with an original order size of less than 2,000 will increase to $0.0022
per share executed. However, consistent with PSX's goal of encouraging
greater display of liquidity, the rebate for Non-Displayed Orders that
provide liquidity will be decreased to $0.0010 per share executed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general, and with
Section 6(b)(4) of the Act,\5\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which the Exchange operates or controls. The impact of the price
changes upon the net fees paid by a particular market participant will
depend upon a number of variables, including the prices of the market
participant's quotes and orders relative to the national best bid and
offer (i.e., its propensity to add or remove liquidity), its usage of
Non-Displayed orders, and the size of the orders that it enters. The
Exchange believes that the proposal reflects an equitable allocation of
fees, as all similarly situated member organizations will be subject to
the same fee structure, and access to the Exchange's market is offered
on fair and non-discriminatory terms.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Although the change will result in an increase of the fee charged
to access liquidity on PSX, the fee structure adopted by PSX at its
inception, in which liquidity provider rebates paid per share exceeded
access fees charged, reflected a promotional pricing structure for a
new market entrant under which costs exceed revenues on every share
executed. Accordingly, the change is a reflection of PSX's more
established status and the desirability of adopting a price model that
results in net execution revenues to the Exchange. Similarly, although
the proposed decrease in the rebate paid with respect to Non-Displayed
Orders effectively constitutes a price increase, the Exchange believes
that it may help to advance its market structure goals of encouraging
the use of the venue as a means to display liquidity. The Exchange
further notes that these price increases will be partially offset by
the increase in the rebate paid with respect to orders with a size
below 2,000 shares.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive. The Exchange
believes that its fees continue to be reasonable and equitably
allocated to members on the

basis of whether they opt to direct orders to the Exchange and thereby
make use of its order execution services. In particular, the Exchange
notes that the proposed fees are consistent with Rule 610(c) under
Regulation NMS,\6\ which found that fees not in excess of $0.0030 per
share executed would promote the objective of equal regulation and
preventing excessive fees. As the Commission determined in that matter,
competition is best able to determine whether a strategy of charging
fees set at lower levels, or of charging a higher fee and paying a
higher rebate, will be successful.\7\
---------------------------------------------------------------------------

    \6\ 17 CFR 242.610(c).
    \7\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496, 37596 (June 29, 2005).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Because the market for order execution and routing is extremely
competitive, members may readily favor the Exchange's competitors in
making order routing decisions to the extent that they deem PSX's fees
to be excessive.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\8\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2011-11. This file
number should be included on the subject line if e-mail is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2011-11, and should be submitted on or before March
3, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-2951 Filed 2-9-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Pages 82010-82011]
[FR Doc No: 2020-27788]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-5646]

Notice of Intention to Cancel Registration Pursuant to section
203(H) of the Investment Advisers Act of 1940

December 14, 2020.
    Notice is given that the Securities and Exchange Commission (the
``Commission'') intends to issue an order, pursuant to section 203(h)
of the Investment Advisers Act of 1940 (the ``Act''), cancelling the
registration of Family Office Partners, Inc. [File No. 801-110022],
hereinafter referred to as the ``registrant.''
    Section 203(h) of the Act provides, in pertinent part, that if the
Commission finds that any person registered under section 203 of the
Act, or who has pending an application for registration filed under
that section, is no longer in existence, is not engaged in business as
an investment adviser, or is prohibited from registering as an
investment

adviser under section 203A of the Act, the Commission shall by order,
cancel the registration of such person.
    Section 203A of the Act prohibits an investment adviser from
registering with the Commission under certain circumstances. Rule 203A-
2(d) under the Act provides an exemption to this prohibition,
permitting an adviser to register with the Commission if the adviser
would otherwise be required to register as an investment adviser with
15 or more state securities authorities (``multi-state adviser
exemption''). The registrant indicated on its most recently filed Form
ADV that it is relying on the multi-state adviser exemption to register
with the Commission and that it has no clients and no assets under
management.\1\ It appears that the registrant is not eligible for the
multi-state adviser exemption because it is not required to register as
an investment adviser with 15 or more state securities authorities.
Therefore, it appears that the registrant is prohibited from
registering as an investment adviser with the Commission. Furthermore,
the registrant has not filed a Form ADV annual updating amendment as
required by rule 204-1 under the Act.\2\ Therefore, it appears that the
registrant is not in existence or otherwise not engaged in business as
an investment adviser. Accordingly, the Commission believes that
reasonable grounds exist for a finding that the registrant is not
eligible to be registered with the Commission as an investment adviser
and that the registration should be cancelled pursuant to section
203(h) of the Act.
---------------------------------------------------------------------------

    \1\ The registrant filed its most recent Form ADV, which was an
``other-than-annual amendment,'' on May 31, 2017.
    \2\ Rule 204-1 under the Act requires any adviser that is
required to complete Form ADV to amend the form at least annually
and to submit the amendments electronically through the Investment
Adviser Registration Depository.
---------------------------------------------------------------------------

    Notice is also given that any interested person may, January 8,
2021, at 5:30 p.m., submit to the Commission in writing a request for a
hearing on the cancellation, accompanied by a statement as to the
nature of his or her interest, the reason for such request, and the
issues, if any, of fact or law proposed to be controverted, and he or
she may request that he or she be notified if the Commission should
order a hearing thereon. Any such communication should be emailed to
the Commission's Secretary at<EMAIL_ADDRESS>    At any time after January 8, 2021, the Commission may issue an
order cancelling the registration, upon the basis of the information
stated above, unless an order for a hearing on the cancellation shall
be issued upon request or upon the Commission's own motion. Persons who
requested a hearing, or who requested to be advised as to whether a
hearing is ordered, will receive any notices and orders issued in this
matter, including the date of the hearing (if ordered) and any
postponements thereof. Any adviser whose registration is cancelled
under delegated authority may appeal that decision directly to the
Commission in accordance with rules 430 and 431 of the Commission's
rules of practice (17 CFR 201.430 and 431).

ADDRESSES:  The Commission<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT:  Alexis Palascak, Senior Counsel at
202-551-6999; SEC, Division of Investment Management, Investment
Adviser Regulation Office, 100 F Street NE, Washington, DC 20549-8549.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.\3\
---------------------------------------------------------------------------

    \3\ 17 CFR 200.30-5(e)(2).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-27788 Filed 12-16-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Rules and Regulations]
[Page 32302-32305]
[DOCID:fr08jn10-20]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8133]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

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

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

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

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

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

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

Sec.  64.6  [Amended]

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

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

Connecticut:
    Bethel, Town of, Fairfield         090001  July 25, 1975,     June 18, 2010.........  June 18, 2010.
     County.                                    Emerg; February
                                                15, 1984, Reg;
                                                June 18, 2010,
                                                Susp.
    Bridgeport, City of,               090002  August 7, 1973,    *......do.............   Do.
     Fairfield County.                          Emerg; October
                                                15, 1980, Reg;
                                                June 18, 2010,
                                                Susp.
    Danbury, City of, Fairfield        090004  November 19,       ......do..............   Do.
     County.                                    1971, Emerg; May
                                                2, 1977, Reg;
                                                June 18, 2010,
                                                Susp.
    Darien, Town of, Fairfield         090005  January 19, 1973,  ......do..............   Do.
     County.                                    Emerg; January
                                                2, 1981, Reg;
                                                June 18, 2010,
                                                Susp.
    Greenwich, Town of,                090008  February 4, 1972,  ......do..............   Do.
     Fairfield County.                          Emerg; September
                                                30, 1977, Reg;
                                                June 18, 2010,
                                                Susp.
    Monroe, Town of, Fairfield         090009  April 24, 1975,    ......do..............   Do.
     County.                                    Emerg; April 17,
                                                1985, Reg; June
                                                18, 2010, Susp.
    New Fairfield, Town of,            090188  November 17,       ......do..............   Do.
     Fairfield County.                          1975, Emerg;
                                                February 15,
                                                1984, Reg; June
                                                18, 2010, Susp.
    Newtown, Town of, Fairfield        090011  August 28, 1975,   ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1979, Reg; June
                                                18, 2010, Susp.
    Norwalk, City of, Fairfield        090012  March 10, 1972,    ......do..............   Do.
     County.                                    Emerg; April 3,
                                                1978, Reg; June
                                                18, 2010, Susp.
    Redding, Town of, Fairfield        090141  September 23,      ......do..............   Do.
     County.                                    1974, Emerg;
                                                June 15, 1982,
                                                Reg; June 18,
                                                2010, Susp.
    Shelton, City of, Fairfield        090014  August 31, 1973,   ......do..............   Do.
     County.                                    Emerg; September
                                                29, 1978, Reg;
                                                June 18, 2010,
                                                Susp.
    Stamford, City of,                 090015  March 10, 1972,    ......do..............   Do.
     Fairfield County.                          Emerg; January
                                                16, 1981, Reg;
                                                June 18, 2010,
                                                Susp.
    Stratford, Town of,                090016  August 18, 1972,   ......do..............   Do.
     Fairfield County.                          Emerg; June 1,
                                                1978, Reg; June
                                                18, 2010, Susp.
    Trumbull, Town of,                 090017  January 15, 1974,  ......do..............   Do.
     Fairfield County.                          Emerg; December
                                                4, 1979, Reg;
                                                June 18, 2010,
                                                Susp.
    Weston, Town of, Fairfield         090018  September 8,       ......do..............   Do.
     County.                                    1972, Emerg;
                                                October 17,
                                                1978, Reg; June
                                                18, 2010, Susp.
           Region III

Virginia: Nelson County,               510102  October 4, 1973,   ......do..............   Do.
 Unincorporated Areas                           Emerg; August 1,
                                                1978, Reg; June
                                                18, 2010, Susp.
West Virginia:
    Grantsville, Town of,              540021  April 29, 1975,    ......do..............   Do.
     Calhoun County.                            Emerg; March 18,
                                                1991, Reg; June
                                                18, 2010, Susp.
    Calhoun County,                    540020  July 8, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 18,
                                                1991, Reg; June
                                                18, 2010, Susp.
           Region IV

Georgia:
    Cumming, City of, Forsyth          130236  July 23, 1975,     ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1986, Reg; June
                                                18, 2010, Susp.
    Duluth, City of, Gwinnett          130098  December 17,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                June 1, 1981,
                                                Reg; June 18,
                                                2010, Susp.
    Forsyth County,                    130312  April 12, 1977,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 4,
                                                1989, Reg; June
                                                18, 2010, Susp.
    Gibson, City of, Glascock          130091  May 7, 1976,       ......do..............   Do.
     County.                                    Emerg; July 17,
                                                1986, Reg; June
                                                18, 2010, Susp.
    Gwinnett County,                   130322  April 9, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 15,
                                                1981, Reg; June
                                                18, 2010, Susp.
    Jasper County,                     130519  January 24, 1995,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 6,
                                                1996, Reg; June
                                                18, 2010, Susp.
    Johns Creek, City of,              130678  N/A, Emerg;        ......do..............   Do.
     Fulton County.                             August 18, 2009,
                                                Reg; June 18,
                                                2010, Susp.
    Monticello, City of, Jasper        130510  October 3, 1994,   ......do..............   Do.
     County.                                    Emerg; June 18,
                                                2010, Reg; June
                                                18, 2010, Susp.
Mississippi:
    Blue Mountain, Town of,            280172  April 29, 1975,    ......do..............   Do.
     Tippah County.                             Emerg; July 3,
                                                1986, Reg; June
                                                18, 2010, Susp.
    Magnolia, City of, Pike            280297  December 21,       ......do..............   Do.
     County.                                    1978, Emerg;
                                                July 1, 1987,
                                                Reg; June 18,
                                                2010, Susp.
    McComb, City of, Pike              280132  July 18, 1975,     ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1979, Reg; June
                                                18, 2010, Susp.
    Pike County, Unincorporated        280278  May 13, 1980,      ......do..............   Do.
     Areas.                                     Emerg; September
                                                15, 1989, Reg;
                                                June 18, 2010,
                                                Susp.
    Ripley, City of, Tippah            280173  August 6, 1975,    ......do..............   Do.
     County.                                    Emerg; June 4,
                                                1987, Reg; June
                                                18, 2010, Susp.

    Tippah County,                     280282  October 31, 2008,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 18,
                                                2010, Reg; June
                                                18, 2010, Susp.
    Walnut, Town of, Tippah            280328  August 10, 2007,   ......do..............   Do.
     County.                                    Emerg; November
                                                1, 2007, Reg;
                                                June 18, 2010,
                                                Susp.
Tennessee: Hancock County,             470226  March 15, 1995,    ......do..............   Do.
 Unincorporated Areas                           Emerg; September
                                                1, 2002, Reg;
                                                June 18, 2010,
                                                Susp.
            Region V

Illinois:
    Gladstone, Village of,             170279  October 25, 1974,  ......do..............   Do.
     Henderson County.                          Emerg; March 9,
                                                1984, Reg; June
                                                18, 2010, Susp.
    Gulfport, Village of,              170280  March 12, 1974,    ......do..............   Do.
     Henderson County.                          Emerg; October
                                                15, 1985, Reg;
                                                June 18, 2010,
                                                Susp.
    Henderson County,                  170277  April 12, 1974,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 4,
                                                1986, Reg; June
                                                18, 2010, Susp.
    Lomax, Village of,                 170281  July 24, 1974,     ......do..............   Do.
     Henderson County.                          Emerg; April 3,
                                                1984, Reg; June
                                                18, 2010, Susp.
    Oquawka, Village of,               170282  April 30, 1974,    ......do..............   Do.
     Henderson County.                          Emerg; June 1,
                                                1983, Reg; June
                                                18, 2010, Susp.
Ohio:
    London, City of, Madison           390366  January 15, 1976,  ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1987, Reg; June
                                                18, 2010, Susp.
    Madison County,                    390773  March 20, 1978,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                6, 1991, Reg;
                                                June 18, 2010,
                                                Susp.
    West Jefferson, Village of,        390638  July 24, 1991,     ......do..............   Do.
     Madison County.                            Emerg; June 18,
                                                2010, Reg; June
                                                18, 2010, Susp.
    Girard, City of, Trumbull          390536  August 27, 1975,   ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg; June
                                                18, 2010, Susp.
    Hubbard, City of, Trumbull         390537  June 9, 1975,      ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1978, Reg;
                                                June 18, 2010,
                                                Susp.
    McDonald, Village of,              390538  July 7, 1975,      ......do..............   Do.
     Trumbull County.                           Emerg; August 8,
                                                1979, Reg; June
                                                18, 2010, Susp.
    Newton Falls, City of,             390539  March 23, 1973,    ......do..............   Do.
     Trumbull County.                           Emerg; August 1,
                                                1978, Reg; June
                                                18, 2010, Susp.
    Niles, City of, Trumbull           390540  March 5, 1974,     ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1978, Reg; June
                                                18, 2010, Susp.
    Orangeville, Village of,           390751  May 28, 1976,      ......do..............   Do.
     Trumbull County.                           Emerg; September
                                                4, 1987, Reg;
                                                June 18, 2010,
                                                Susp.
    Trumbull County,                   390535  March 16, 1973,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1978, Reg;
                                                June 18, 2010,
                                                Susp.
    Warren, City of, Trumbull          390541  September 29,      ......do..............   Do.
     County.                                    1972, Emerg;
                                                August 1, 1977,
                                                Reg; June 18,
                                                2010, Susp.
           Region VI

Arkansas:
    Blytheville, City of,              050140  August 16, 1974,   ......do..............   Do.
     Mississippi County.                        Emerg; September
                                                21, 1982, Reg;
                                                June 18, 2010,
                                                Susp.
    Dyess, City of, Mississippi        050143  September 10,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                January 17,
                                                1986, Reg; June
                                                18, 2010, Susp.
    Joiner, City of,                   050145  September 8,       ......do..............   Do.
     Mississippi County.                        1975, Emerg;
                                                September 21,
                                                1982, Reg; June
                                                18, 2010, Susp.
    Keiser, City of,                   050146  April 3, 1975,     ......do..............   Do.
     Mississippi County.                        Emerg; September
                                                21, 1982, Reg;
                                                June 18, 2010,
                                                Susp.
    Leachville, City of,               050147  April 11, 1975,    ......do..............   Do.
     Mississippi County.                        Emerg; June 25,
                                                1976, Reg; June
                                                18, 2010, Susp.
    Luxora, City of,                   050148  June 23, 1975,     ......do..............   Do.
     Mississippi County.                        Emerg; February
                                                1, 1987, Reg;
                                                June 18, 2010,
                                                Susp.
    Manila, City of,                   050149  June 13, 1975,     ......do..............   Do.
     Mississippi County.                        Emerg; July 20,
                                                1982, Reg; June
                                                18, 2010, Susp.
    Marie, Town of, Mississippi        050150  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; March 22,
                                                1982, Reg; June
                                                18, 2010, Susp.
    Osceola, City of,                  050151  June 5, 1974,      ......do..............   Do.
     Mississippi County.                        Emerg; June 30,
                                                1976, Reg; June
                                                18, 2010, Susp.
    Mississippi County,                050452  July 6, 1979,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                1, 1985, Reg;
                                                June 18, 2010,
                                                Susp.
    Wilson, City of,                   050153  April 24, 1975,    ......do..............   Do.
     Mississippi County.                        Emerg; June 25,
                                                1976, Reg; June
                                                18, 2010, Susp.
Oklahoma:
    Elmore City, City of,              400374  December 19,       ......do..............   Do.
     Garvin County.                             1977, Emerg;
                                                July 20, 1982,
                                                Reg; June 18,
                                                2010, Susp.
    Lindsay, City of, Garvin           400245  February 26,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                January 6, 1983,
                                                Reg; June 18,
                                                2010, Susp.

    Maysville, Town of, Garvin         400402  February 27,       ......do..............   Do.
     County.                                    1978, Emerg;
                                                September 30,
                                                1981, Reg; June
                                                18, 2010, Susp.
    Pauls Valley, City of,             400246  December 9, 1976,  ......do..............   Do.
     Garvin County.                             Emerg; September
                                                17, 1980, Reg;
                                                June 18, 2010,
                                                Susp.
    Stratford, Town of, Garvin         400416  January 26, 1978,  ......do..............   Do.
     County.                                    Emerg; November
                                                15, 1985, Reg;
                                                June 18, 2010,
                                                Susp.
           Region VII

Nebraska:
    Adams, Village of, Gage            310089  November 7, 1975,  ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1985, Reg; June
                                                18, 2010, Susp.
    Gage County, Unincorporated        310088  July 27, 1984,     ......do..............   Do.
     Areas.                                     Emerg; May 1,
                                                1990, Reg; June
                                                18, 2010, Susp.
    Odell, Village of, Gage            310094  August 26, 1975,   ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1987, Reg; June
                                                18, 2010, Susp.
          Region VIII

Wyoming:
    Cody, City of, Park County.        560038  April 9, 1975,     ......do..............   Do.
                                                Emerg; February
                                                2, 1984, Reg;
                                                June 18, 2010,
                                                Susp.
    Meeteetse, Town of, Park           560039  September 29,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                October 1, 1986,
                                                Reg; June 18,
                                                2010, Susp.
    Park County, Unincorporated        560085  March 24, 1983,    ......do..............   Do.
     Areas.                                     Emerg; August 1,
                                                1987, Reg; June
                                                18, 2010, Susp.
    Powell, City of, Park              560040  July 23, 1975,     ......do..............   Do.
     County.                                    Emerg; July 15,
                                                1985, Reg; June
                                                18, 2010, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: May 28, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-13715 Filed 6-7-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: March 13, 2008 (Volume 73, Number 50)]
[Proposed Rules]
[Page 13504-13507]
[DOCID:fr13mr08-23]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0275; Directorate Identifier 2007-NM-335-AD]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
(Jetstream) Model 4101 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed

AD results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as:

    Cracks have been found in the propeller blades and propeller
hubs, for which ongoing controlling actions issued by the propeller
TC [type certificate] holder (McCauley Propeller Systems) have been
mandated by FAA Airworthiness Directive (AD) action.
    Current FAA ADs related to this subject are 2003-17-10 (which
superseded AD 2003-15-01), 2004-23-16, 2005-24-08 and 2006-15-13.
    Cracking of the blade or hub can ultimately lead to blade
release with potentially catastrophic consequences. * * *
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 14, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0275;
Directorate Identifier 2007-NM-335-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0268, dated October 8, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Cracks have been found in the propeller blades and propeller
hubs, for which ongoing controlling actions issued by the propeller
TC [type certificate] holder (McCauley Propeller Systems) have been
mandated by FAA Airworthiness Directive (AD) action.
    Current FAA ADs related to this subject are 2003-17-10 (which
superseded AD 2003-15-01), 2004-23-16, 2005-24-08 and 2006-15-13.
    Cracking of the blade or hub can ultimately lead to blade
release with potentially catastrophic consequences. BAE Systems has
concluded that safety margins can be further improved by introducing
operating limitations that will prevent damaging stresses in the
propeller assembly, instructing flight crews to place the propeller
condition levers in the Flight position during all ground
maneuvering.
    EASA concurs with this conclusion and this AD therefore requires
the replacement of the Propeller Limitations Placard with a new one.

Corrective actions include revising the airplane flight manual. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
11-027, dated March 29, 2007; General Amendment G12, approved January
2007, to the Jetstream 4100 Series Airplane Flight Manual (AFM); and
Advance Amendment Bulletin No. 13, approved April 4, 2007, to the
Jetstream 4100 Series AFM. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

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 design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 7 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $25 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $1,295, or $185 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I,

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

BAE Systems (Operations) Limited (Formerly British Aerospace
Regional Aircraft): Docket No. FAA-2008-0275; Directorate Identifier
2007-NM-335-AD.

Comments Due Date

    (a) We must receive comments by April 14, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to BAE Systems (Operations) Limited
(Jetstream) Model 4101 airplanes, all serial numbers, certificated
in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 11: Placards
and Markings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Cracks have been found in the propeller blades and propeller
hubs, for which ongoing controlling actions issued by the propeller
TC [type certificate] holder (McCauley Propeller Systems) have been
mandated by FAA Airworthiness Directive (AD) action.
    Current FAA ADs related to this subject are 2003-17-10 (which
superseded AD 2003-15-01), 2004-23-16, 2005-24-08 and 2006-15-13.
    Cracking of the blade or hub can ultimately lead to blade
release with potentially catastrophic consequences. BAE Systems has
concluded that safety margins can be further improved by introducing
operating limitations that will prevent damaging stresses in the
propeller assembly, instructing flight crews to place the propeller
condition levers in the Flight position during all ground
maneuvering.
    EASA concurs with this conclusion and this AD therefore requires
the replacement of the Propeller Limitations Placard with a new one.

Corrective actions include revising the airplane flight manual.

Actions and Compliance

    (f) Within 90 days after the effective date of this AD, unless
already done, do the following actions.
    (1) Replace the existing Propeller Limitations Placard in the
cockpit with a new placard, in accordance with the Accomplishment
Instructions of BAE Systems (Operations) Limited Service Bulletin
J41-11-027, dated March 29, 2007.
    (2) Revise the BAE Jetstream Series 4100 Airplane Flight Manual
(AFM) to include the information in BAE Jetstream Series 4100
General Amendment G12, approved January 2007, and BAE Jetstream
Series 4100 Advance Amendment Bulletin No. 13, approved April 4,
2007. General Amendment G12 describes a rolling take-off technique
and the reduced possibility of landing with ice contaminating the
wings, and adds a Gross Height/Pressure Altitude Conversion Chart.
Advance Amendment Bulletin No. 13 introduces procedures for placing
the propeller condition levers in the Flight position during all
ground maneuvering. Operate the airplane according to the procedures
in General Amendment G12 and Advance Amendment Bulletin No. 13.

    Note 1: This may be done by inserting copies of General
Amendment G12 and Advance Amendment Bulletin No. 13 into the AFM.
When General Amendment G12 and Advance Amendment Bulletin No. 13
have been included in general revisions of the AFM, the general
revisions may be inserted in the AFM, provided the relevant
information in the general revision is identical to that in General
Amendment G12 and Advance Amendment Bulletin No. 13.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0268, dated
October 8, 2007; BAE Systems (Operations) Limited Service Bulletin
J41-11-027, dated March 29, 2007; BAE Jetstream Series 4100 General
Amendment G12, approved January 2007, to the Jetstream 4100 Series
Airplane Flight Manual; and Advance Amendment Bulletin No. 13,
approved April 4, 2007, to the Jetstream 4100 Series Airplane Flight
Manual; for related information.

    Issued in Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-5000 Filed 3-12-08; 8:45 am]

BILLING CODE 4910-13-P