[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Notices]
[Pages 70700-70701]
[FR Doc No: 2020-24498]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90299; File No. SR-ICC-2020-012]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
ICC's Fee Schedule

October 30, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
\1\ and Rule 19b-4,\2\ notice is hereby given that on October 23, 2020,
ICE Clear Credit LLC (``ICC'') filed with the Securities and Exchange
Commission the proposed rule change as described in Items I, II, and
III below, which Items have been prepared primarily by ICC. ICC filed
the proposed rule change pursuant Section 19(b)(3)(A) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ such that the proposed rule change
was immediately effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed rule change is to implement
clearing fees for credit default index swaptions (``Index Swaptions'')
in connection with the launch of the clearing of Index Swaptions.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICC 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. ICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    The proposed changes are intended to implement clearing fees for
Index Swaptions in connection with the launch of the clearing of Index
Swaptions. ICC has previously filed with the Commission changes to
certain other policies and procedures related to clearing Index
Swaptions (the ``Swaption Rule Filings'').\5\ As discussed in the
Swaption Rule Filings, pursuant to an Index Swaption, one party (the
``Swaption Buyer'') has the right (but not the obligation) to cause the
other party (the ``Swaption Seller'') to enter into an index credit
default swap transaction at a pre-determined strike price on a
specified expiration date on specified terms. In the case of Index
Swaptions that would be cleared by ICC, the underlying index credit
default swap would be limited to certain CDX and iTraxx Europe index
credit default swaps that are accepted for clearing by ICC, and which
would be automatically cleared by ICC upon exercise of the Index
Swaption by the Swaption Buyer in accordance with its terms.\6\ The
proposed changes are set forth in Exhibit 5 hereto [sic], and described
in detail as follows.
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    \5\ As set out in the Swaption Rule Filings, ICC intends to
implement the changes described in the Swaption Rule Filings
following completion of the ICC governance process surrounding the
Index Swaptions product expansion. SEC Release No. 34-87297 (October
15, 2019) (approval), 84 FR 56270 (October 21, 2019) (SR-ICC-2019-
007); SEC Release No. 34-89142 (June 24, 2020) (approval), 85 FR
39226 (June 30, 2020) (SR-ICC-2020-002); SEC Release No. 34-89436
(July 31, 2020) (approval), 85 FR 47827 (August 6, 2020) (SR-ICC-
2020-008); SEC Release No. 34-89948 (September 22, 2020) (approval),
85 FR 60845 (September 28, 2020) (SR-ICC-2020-010).
    \6\ Index Swaptions are also referred to herein and in the
Swaption Rule Filings as ``index options'' or ``index CDS options'',
or in similar terms.
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    ICC maintains a Clearing Participant (``CP'') fee schedule \7\ and
client fee schedule \8\ (collectively, the ``fee schedule'') that are
publicly available on its website, which ICC proposes to update in
connection with the clearing of Index Swaptions. Specifically, ICC
proposes to update the fee schedule to establish clearing fees for
Index Swaptions, which are intended to come into effect upon the launch
of clearing of Index Swaptions, subject to the completion of the ICC
governance process surrounding the Index Swaptions product expansion
and any regulatory review or approval process. Currently, clearing fees
for single name and index credit default swap (``CDS'') contracts are
due by CPs and clients in accordance with the product, amount and
currency set out in the fee schedule. ICC proposes to incorporate
clearing fees for Index Swaptions into the fee schedule, which would
similarly be due by CPs and clients in accordance with the product,
amount and currency set out in the fee schedule. Specifically, Index
Swaption fees (per million) for CPs would be $3 for North American and
Sovereign products and [euro]3 for European products, and for clients
would be $4 for USD denominated products and [euro]4 for EUR
denominated products.
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    \7\ CP fee details available at:
    https://www.theice.com/publicdocs/clear_credit/ICE_Clear_Credit_Fees_Clearing_Participant.pdf.
    \8\ Client fee details available at:
    https://www.theice.com/publicdocs/clear_credit/ICE_Clear_Credit_Fees.pdf. As specified, all fees are charged
directly to a client's CP.
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(b) Statutory Basis
    ICC believes that the proposed rule change is consistent with the
requirements of the Act, including Section 17A of the Act \9\ and the
regulations thereunder applicable to it. More specifically, the
proposed rule change establishes or changes a member due, fee or other
charge imposed by ICC under Section 19(b)(3)(A)(ii) of the Act \10\ and
Rule 19b-4(f)(2) \11\ thereunder. ICC believes the proposed rule change
is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular, to Section
17A(b)(3)(D),\12\ which requires that the rules of the clearing agency
provide for the equitable allocation of reasonable dues, fees, and
other charges among its participants.
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    \9\ 15 U.S.C. 78q-1.
    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
    \12\ 15 U.S.C. 78q-1(b)(3)(D).
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    ICC believes that the fees for Index Swaptions have been set at an
appropriate level and provide market participants with the additional
flexibility to have their Index Swaptions cleared as ICC continues to
develop, maintain and provide safe and efficient clearing services to
the market. In ICC's view, the fees are reasonable as they correspond
with the costs and expenses to ICC in offering clearing of Index
Swaptions, including the investment ICC has made with respect to
clearing such products (e.g., technology and development), and they
consider current market activity as well as anticipated market activity
with respect to clearing Index Swaptions at ICC. Namely, in determining
the appropriate level, ICC discussed the proposed fees with market
participants and its Board (who approved the fees) and took into
account factors such as anticipated volume, revenue, expenses, and
market participation in this clearing service, including based on
different fee levels. More specifically, Index Swaption fees would be
slightly less than index fees (per million) and are designed to
encourage market participation in this

clearing service while properly compensating ICC for the risks, costs
and expenses of clearing Index Swaptions. Client fees would be higher
than CP fees for Index Swaptions, which is in line with ICC's current
single name and index fees, given the responsibilities and obligations
of CPs to ICC as opposed to clients. Accordingly, the proposed fees
appropriately balance the costs of clearing and expenses incurred by
ICC and provide a reasonable fee structure for market participants.
    Moreover, the fees for Index Swaptions will apply equally to all
market participants clearing Index Swaptions and therefore the proposed
rule change provides for the equitable allocation of reasonable dues,
fees and other charges among participants, within the meaning of
Section 17A(b)(3)(D) of the Act.\13\ ICC therefore believes that the
proposed rule change is consistent with the requirements of Section 17A
of the Act \14\ and the regulations thereunder applicable to it and is
appropriately filed pursuant to Section 19(b)(3)(A) of the Act \15\ and
paragraph (f)(2) of Rule 19b-4 \16\ thereunder.
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    \13\ Id.
    \14\ 15 U.S.C. 78q-1.
    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(2).
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(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purpose of the Act. As discussed
above, the proposed changes incorporate reasonable clearing fees for
Index Swaptions into ICC's fee schedule and will apply uniformly across
all market participants. The implementation of such changes does not
preclude other market participants from offering such instruments for
clearing. Moreover, ICC does not believe that the amendments would
adversely affect the ability of market participants to access clearing
services. Accordingly, ICC does not believe the amendments impose any
burden on competition not necessary or appropriate in furtherance of
the purpose of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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) of the Act \17\ and paragraph (f) of Rule 19b-4 \18\
thereunder. 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.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(2).
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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 email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2020-012 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2020-012. This file
number should be included on the subject line if email 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation. All comments received will be posted without change.
Persons submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2020-012 and should be
submitted on or before November 27, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.

[FR Doc. 2020-24498 Filed 11-4-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19336-19337]
[FR Doc No: 2013-07320]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

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

Extension:
    Rules 6a-1 and 6a-2, Form 1, SEC File No. 270-0017, OMB Control No.
3235-0017.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 6a-1
(17 CFR 240.6a-1), Rule 6a-2 (17 CFR 240.6a-2), and Form 1 (17 CFR
249.1) under The Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.) (``Exchange Act'' or Act'').
    The Exchange Act sets forth a regulatory scheme for national
securities exchanges. Rule 6a-1 under the Act generally requires an
applicant for initial registration as a national securities exchange to
file an application with the Commission on Form 1. An exchange that
seeks an exemption from registration based on limited trading volume
also must apply for such exemption on Form 1. Rule 6a-2 under the Act
requires registered and exempt exchanges: (1) to amend the Form 1 if
there are any material changes to the information provided in the
initial Form 1; and (2) to submit periodic updates of certain
information provided in the initial Form 1, whether such information
has changed or not. The information required pursuant to Rules 6a-1 and
6a-2 is necessary to enable the Commission to maintain accurate files
regarding the exchange and to exercise its statutory oversight
functions. Without the information submitted pursuant to Rule 6a-1 on
Form 1, the Commission would not be able to determine whether the
respondent met the criteria for registration or exemption set forth in
Sections 6 and 19 of the Act. Without the amendments and periodic
updates of information submitted pursuant to Rule 6a-2, the Commission
would have substantial difficulty determining whether a national
securities exchange or exempt exchange was continuing to operate in
compliance with the Act.
    Initial filings on Form 1 by new exchanges are made on a one-time
basis. The Commission estimates that it will receive approximately
three initial Form 1 filings per year and that each respondent would
incur an average burden of 47 hours to file an initial Form 1 at an
average internal labor cost per response of approximately $13,105.
Therefore, the Commission estimates that the annual burden for all
respondents to file the initial Form 1 would be 141 hours (one
response/respondent x three respondents x 47 hours/response) and an
internal labor cost of $39,315 (one response/respondent x three
respondents x $13,105/response).
    There currently are seventeen entities registered as national
securities exchanges and two exempt exchanges, for a total of 19
exchanges. The Commission estimates that each registered or exempt
exchange files four amendments or periodic updates to Form 1 per year,
incurring an average burden of 25 hours to comply with Rule 6a-2. The
Commission estimates that the annual burden for all respondents to file
amendments and periodic updates to the Form 1 pursuant to Rule 6a-2 is
1900 hours (19 respondents x 25 hours/response x four responses/
respondent per year) and an internal labor cost of $510,720 (19
respondents x $6,720/response x four responses/respondent per year).
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site, www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon,
6432 General Green Way, Alexandria, VA 22312 or send an email to<EMAIL_ADDRESS>Comments

must be submitted to OMB within 30 days of this notice.

    Dated: March 25, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-07320 Filed 3-28-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Proposed Rules]
[Pages 67849-67852]
[FR Doc No: 2022-24420]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1411; Project Identifier MCAI-2022-00912-T]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-21-19, which applies to certain Dassault Aviation Model FALCON
900EX airplanes. AD 2020-21-19 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2020-21-19, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would
continue to require the actions in AD 2020-21-19 and would require
revising the existing maintenance or inspection program, as applicable,
to incorporate additional new or more restrictive airworthiness
limitations, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by December
27, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1411; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2022-1411.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1411; Project Identifier
MCAI-2022-00912-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Tom
Rodriguez, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary
that the FAA receives that is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2020-21-19, Amendment 39-21292 (85 FR 69142,
November 2, 2020) (AD 2020-21-19), for certain Dassault Aviation Model
FALCON 900EX airplanes. AD 2020-21-19 was prompted by a MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued AD 2020-0116, dated May 20, 2020 (EASA AD
2020-0116), to correct an unsafe condition.
    AD 2020-21-19 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2020-21-19 to
address reduced structural integrity of the airplane. AD 2020-21-19
specifies that accomplishing the actions required by paragraph (g) or
(i) of that AD terminates the requirements of paragraph (g)(1) of AD
2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010) for
Dassault Aviation Model FALCON 900EX airplanes, serial numbers 1
through 96 inclusive, and serial numbers 98 through 119 inclusive. This
proposed AD would therefore continue to allow that terminating action.

Actions Since AD 2020-21-19 Was Issued

    Since the FAA issued AD 2020-21-19, EASA superseded AD 2020-0116
and issued EASA AD 2022-0144, dated July 11, 2022 (referred to after
this as the MCAI), for certain Dassault Aviation Model FALCON 900EX
airplanes. The MCAI states that new or more restrictive airworthiness
limitations have been developed.
    The FAA is issuing this AD to address reduced structural integrity
of the airplane. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2022-1411.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0144. This service information
specifies new or more restrictive airworthiness limitations for
airplane structures and safe life limits.
    This proposed AD would also require EASA AD 2020-0116, dated May
20, 2020, which the Director of the Federal Register approved for
incorporation by reference as of December 7, 2020 (85 FR 69142,
November 2, 2020).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all requirements of AD 2020-21-19.
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, which are specified in EASA
AD 2022-0144 already described, as proposed for incorporation by
reference. Any differences with EASA AD 2022-0144 are identified as
exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (n)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to retain the IBR of EASA AD 2020-0116 and incorporate
EASA AD 2022-0144 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2022-0144 and EASA AD
2020-0116 through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in EASA AD 2022-0144 or EASA AD 2020-0116 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD EASA AD
2022-0144 or EASA AD 2020-0116. Service information required by EASA AD
2022-0144 or EASA AD 2020-0116 for compliance will be available at
regulations.gov by searching for and locating Docket No. FAA-2022-1411
after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 88 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

    The FAA estimates the total cost per operator for the retained
actions from AD 2020-21-19 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-21-19, Amendment 39-21292
(85 FR 69142, November 2, 2020); and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2022-1411; Project Identifier
MCAI-2022-00912-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 27, 2022.

(b) Affected ADs

    (1) This AD replaces AD 2020-21-19, Amendment 39-21292 (85 FR
69142, November 2, 2020) (AD 2020-21-19).
    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (AD 2010-26-05).

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2022-0144, dated July 11,
2022 (EASA AD 2022-0144).

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (i) of AD
2020-21-19, with a new terminating action. Except as specified in
paragraph (h) of this AD: Comply with all required actions and
compliance times specified in, and in accordance with, EASA AD 2020-
0116, dated May 20, 2020 (EASA AD 2020-0116). Accomplishing the
revision of the existing maintenance or inspection program required
by paragraph (j) of this AD terminates the requirements of this
paragraph.

(h) Retained Exceptions to EASA AD 2020-0116, With No Changes

    This paragraph restates the exceptions specified in paragraph
(j) of AD 2020-21-10, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0116 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0116 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (3) of
EASA AD 2020-0116 within 90 days after December 7, 2020 (the
effective date of AD 2020-21-19).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0116 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0116, or
within 90 days after December 7, 2020 (the effective date of AD
2020-21-19), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0116 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0116 does not apply
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception

    This paragraph restates the requirements of paragraph (k) of AD
2020-21-19, with a new exception. Except as required by paragraph
(j) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2020-0116.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0144. Accomplishing the revision of
the existing maintenance or inspection program required by this
paragraph terminates the requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0144

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0144 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0144 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as

applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0144 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2022-0144, or within 90 days after the effective date of
this AD, whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0144 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0144 does not apply
to this AD.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0144.

(m) Terminating Action for Certain Actions in AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (j) of
this AD terminates the requirements of paragraph (g)(1) of AD 2010-
26-05, for Dassault Aviation Model FALCON 900EX airplanes, serial
numbers 1 through 96 inclusive, and serial numbers 98 through 119
inclusive only.

(n) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (o) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(o) Additional Information

    For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3226; email [email protected].

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
[THE EFFECTIVE DATE OF THE FINAL RULE].
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0144,
dated July 11, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
December 7, 2020 (85 FR 69142, November 2, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0116,
dated May 20, 2020.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0144 and 2020-0116, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; website easa.europa.eu. You may find these
EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24420 Filed 11-9-22; 8:45 am]
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[Federal Register: August 12, 2009 (Volume 74, Number 154)]
[Notices]
[Page 40637-40638]
[DOCID:fr12au09-110]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System or Relief From the
Requirements of Title 49 Code of Federal Regulations Part 236

    Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and
49 U.S.C. 20502(a), the following railroad has petitioned the Federal
Railroad Administration (FRA) seeking approval for the discontinuance
or modification of the signal system or relief from the requirements of
49 CFR Part 236, as detailed below.

[Docket Number FRA-2009-0079]

    Applicant: Norfolk Southern Corporation. Mr. B. L. Sykes, Chief
Engineer C&S Engineering, 1200 Peachtree Street, NE., Atlanta, Georgia
30309.
    The Norfolk Southern Corporation (NS) seeks approval of the
proposed discontinuance and removal of the control signals and the
conversion of a power-operated crossover to hand-operation at CP-111,
Milepost EP-73.4, on the NS Harrisburg Division, Port Road Branch,
Running Tracks B & C, Harrisburg, Pennsylvania. Four signals are to be
removed and the power-operated crossover is to be converted to hand-
operation.
    The reason given for the proposed changes is to eliminate
facilities no longer needed for present day operation.
    Any interested party desiring to protest the granting of an
application shall set forth specifically the grounds upon which the
protest is made, and include a concise statement of the interest of the
party in the proceeding. Additionally, one copy of the protest shall be
furnished to the applicant at the address listed above.
    FRA expects to be able to determine these matters without an oral
hearing. However, if a specific request for an oral hearing is
accompanied by a showing that the party is unable to adequately present
his or her position by written statements, an application may be set
for public hearing.
    All communications concerning this proceeding should be identified
by Docket Number FRA-2009-0079 and may be submitted by one of the
following methods:
     Web site: http://www.regulations.gov. Follow the
instructions for submitting comments on the DOT electronic site;
     Fax:<PHONE_NUMBER>;
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200

New Jersey Avenue SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590; or
     Hand Delivery: Room W12-140 of the U.S. Department of
Transportation West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    FRA wishes to inform all potential commenters that anyone is able
to search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70; Pages 19477-78).

    Issued in Washington, DC on August 6, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-19278 Filed 8-11-09; 8:45 am]

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