[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30812-30815]
[FR Doc No: 2023-10129]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97455; File No. SR-ICC-2023-008]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change Relating to the ICC Clearing Participant
Default Management Procedures

May 8, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4,\2\ notice is hereby given that on May
02, 2023, ICE Clear Credit LLC (``ICC'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I, II and III below, which Items have been prepared
primarily by ICC. 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.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICC proposes a rule change to update the ICC Clearing Participant
(``CP'') Default Management Procedures (the ``ICC Default Management
Procedures''). These revisions do not require any changes to the ICC
Clearing Rules (the ``Rules'').

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,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. 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
    ICC proposes to update the ICC Clearing Participant Default
Management Procedures (the ``ICC Default Management Procedures''). The
ICC Default Management Procedures set forth ICC's default management
process, including the actions taken by ICC to determine that a CP is
in default of its obligations to ICC under the Rules, as well as the
actions taken by ICC in connection with the close-out of the
defaulter's portfolio (the ``Close-Out''). The proposed revisions are
designed to address Commission regulatory examination findings related
to the annual testing of the ICC Recovery Plan and the ICC Wind-Down
Plan (collectively, the ``Plans'').\3\ The proposed revisions are
limited to providing additional details with respect to ICC's testing
of the Plans included in the ICC Default Management Procedures. ICC
believes such revisions will facilitate the prompt and accurate
clearance and settlement of securities transactions and derivative
agreements, contracts, and transactions for which it is responsible.
ICC proposes to make such changes effective following Commission
approval of the proposed rule change. The proposed updates are
described in detail as follows.
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    \3\ The ICC Recovery Plan and ICC Wind-Down Plan are the plans
for the recovery and orderly wind-down of ICC necessitated by credit
losses, liquidity shortfalls, losses from general business risk, or
other losses.
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    Specifically, ICC purposes to revise the ICC Default Management
Procedures by adding Section 4.6 Recovery and Wind-Down Tests. Section
4.6 adds detailed procedures with respect to ICC's annual Recovery and
Wind-Down testing. ICC conducts Recovery and Wind-Down testing at least
every twelve months demonstrating ICC's readiness to execute the Plans
as applicable (i) to address uncovered credit losses, liquidity
shortfalls and general business risk, operational risk, or any other
risk that threatens ICC's viability as a going concern, and (ii) in the
event recovery actions fail to preserve ICC's viability as a going
concern or ICC makes a business decision to exit all clearing
activities, to wind-down ICC in an orderly manner (the ``Recovery and
Wind-Down Test'').
    Proposed Section 4.6 also includes details on how the scope of each
Recovery and Wind-Down Test is determined. It is the responsibility of
the ICC Risk Oversight Officer (``ROO'') to plan and coordinate the
execution of the Recovery and Wind-Down Test, including the
determination of the scope of the Recovery and Wind-Down Test which
includes coordination with the ICC Close-Out Team.\4\ Such scope will
include which recovery and wind-down scenarios will be tested, the
selected stress scenario(s), and the recovery tools to be tested. In
the determination of which scenarios and tools are to be tested, ICC
will give consideration to scenarios, business processes, and tools
which have not been recently tested. In addition, ICC will consider the
applicability of new Rules, procedures, or newly implemented ICC
capabilities (e.g., new cleared contracts). The scope also will include
all three wind-down options set forth in the ICC Wind-Down Plan.
Section 4.6 further provides that with respect to the testing of
business processes and tools to address CP default scenarios, ICC may
choose to include such testing in ICC's default management tests, and
testing of non-CP default scenarios will be conducted through a
separate table-top exercise.
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    \4\ The ICC Close-Out Team is comprised of ICC management, the
ROO, and the most senior member of the ICC Treasury Department.
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    Furthermore, proposed Section 4.6 assigns responsibility for the
execution of the Recovery and Wind-Down Test to the ICC Close-Out Team,
capturing results, and making them available to the ROO. The ROO
collates the results and, identifies any issues or lessons learned,
including any revisions that should be made to the ICC Recovery Plan or
ICC Wind-Down Plan. The ROO collates the information from the Recovery
and Wind-Down Test into a presentation which is reviewed with the
Close-Out Team, the ICC Risk Committee and the ICC Board of Managers.
The ROO maintains a list of work items for the future development and/
or enhancement of the business processes and capabilities necessary to
execute the ICC Recovery Plan and ICC LLC Wind-Down Plan.
(b) Statutory Basis
    Section 17A(b)(3)(F) of the Act \5\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions, and
to the extent applicable, derivative agreements, contracts and
transactions; to assure the safeguarding of securities and funds which
are in the custody or control of the clearing agency or for which it is
responsible; in general, to protect investors and the public interest;
and to comply with the provisions of the Act and the rules and
regulations thereunder. ICC believes that the proposed additional
procedural details to ICC's Default Management Procedures included in
the proposed rule change are consistent with the requirements of the
Act and the rules and regulations thereunder applicable to ICC, in
particular, to section 17(A)(b)(3)(F),\6\ because ICC believes that the
proposed additional procedural details to ICC's Default Management
Procedures enhances policies, practices and procedures with respect to
the testing of ICC Recovery Plan and the ICC Wind-Down Plan. Such sound
policies, practices and procedures are important to enhance ICC's
ability to withstand defaults and continue providing clearing services,
thereby promoting the prompt and accurate clearance and settlement of
securities transactions, derivatives agreements, contracts, and
transactions; the safeguarding of securities and funds which are in the
custody or control of ICC or for which it is responsible; and the
protection of investors and the public interest. As such, the proposed
rule change is designed to promote the prompt and accurate clearance
and settlement of securities transactions, derivatives agreements,
contracts, and transactions; to contribute to the safeguarding of
securities and funds associated with security-based swap transactions
in ICC's custody or control, or for which ICC is responsible; and, in
general, to protect investors and the public interest within the
meaning of section 17A(b)(3)(F) of the Act.\7\
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    \5\ 15 U.S.C. 78q-1(b)(3)(F).
    \6\ Id.
    \7\ Id.
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    In addition, the proposed rule change is consistent with the
relevant requirements of Rule 17Ad-22.\8\ Rule

17Ad-22(b)(3) \9\ requires ICC to establish, implement, maintain and
enforce written policies and procedures reasonably designed to maintain
sufficient financial resources to withstand, at a minimum, a default by
the two CP families to which it has the largest exposures in extreme
but plausible market conditions. ICC believes that such changes enhance
ICC's ability to manage a default by providing additional detail,
transparency and clarity with respect to ICC's default management rules
and procedures, thereby ensuring that ICC continues to maintain
sufficient financial resources to withstand, at a minimum, a default by
the two CP families to which it has the largest exposures in extreme
but plausible market conditions, consistent with the requirements of
Rule 17Ad-22(b)(3).\10\
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    \8\ 17 CFR 240.17Ad-22.
    \9\ 17 CFR 240.17Ad-22(b)(3).
    \10\ Id.
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    Rule 17Ad-22(e)(2)(i) and (v) \11\ requires each covered clearing
agency to establish, implement, maintain, and enforce written policies
and procedures reasonably designed to provide for governance
arrangements that are clear and transparent and specify clear and
direct lines of responsibility. The Recovery and Wind-down Testing
updates to the ICC Default Management Procedures enhance the clarity
and transparency of such procedures by providing additional information
relating to the assignment of responsibilities in the determination of
the scope of the annual Recovery and Wind-down Test, and the assignment
of responsibilities in the execution of the annual Recovery and Wind-
Down Test, consistent with the requirements of Rule 17Ad-22(e)(2)(i)
and (v).\12\
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    \11\ 17 CFR 240.17Ad-22(e)(2)(i) and (v).
    \12\ Id.
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    Rule 17Ad-22(e)(3)(ii) \13\ requires ICC to establish, implement,
maintain, and enforce written policies and procedures reasonably
designed to maintain a sound risk management framework for
comprehensively managing legal, credit, liquidity, operational, general
business, investment, custody, and other risks that arise in or are
borne by ICC, which includes plans for the recovery and orderly wind-
down of ICC necessitated by credit losses, liquidity shortfalls, losses
from general business risk, or any other losses. The Default Management
Procedures continue to establish ICC's actions to maintain its
viability as a going concern to address any uncovered credit loss,
liquidity shortfall, capital inadequacy, or business, operational or
other structural weakness that threatens ICC's viability. The proposed
changes to the Default Management Procedures provide additional
detailed procedures with respect to the annual Recovery and Wind-Down
testing, improving both the comprehension and transparency of ICC's
Recovery and Wind-Down testing. In ICC's view, such proposed changes
will improve ICC's Default Management Procedures and ensure they remain
comprehensive and useful in providing for ICC's written policies and
procedures related to ICC's recovery and orderly wind-down, consistent
with the requirements of Rule 17Ad-22(e)(3)(ii).\14\
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    \13\ 17 CFR 240.17Ad-22(e)(3)(ii).
    \14\ Id.
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    Rule 17Ad-22(e)(13) \15\ requires each covered clearing agency to
establish, implement, maintain, and enforce written policies and
procedures reasonably designed to ensure it has the authority and
operational capacity to take timely action to contain losses and
liquidity demands and continue to meet its obligations by, at a
minimum, requiring its participants and, when practicable, other
stakeholders to participate in the testing and review of its default
procedures, including any close-out procedures, at least annually and
following material changes thereto. The proposed changes to the Default
Management Procedures enhance the clarity and transparency of such
procedures by providing additional information relating to the
assignment of responsibilities in the determination of the scope of the
annual Recovery and Wind-down Test, and the assignment of
responsibilities in the execution of the annual Recovery and Wind-Down
Test. Such proposed changes, therefore, improve the design of ICC's
annual Recovery and Wind-Down Testing, consistent with the requirements
of Rule 17ad-22(e)(13).\16\
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    \15\ 17 CFR 240.17Ad-22(e)(13).
    \16\ Id.
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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. The proposed rule change
to update the ICC Default Management Procedures will apply uniformly
across all market participants. Therefore, ICC does not believe the
proposed rule change imposes any burden on competition that is
inappropriate in furtherance of the purposes 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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

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 protected]. Please include
File Number SR-ICC-2023-008 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-2023-008. 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.
    Do not include personal identifiable information in submissions;
you should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to File Number SR-ICC-2023-008 and should
be submitted on or before June 2, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-10129 Filed 5-11-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Proposed Rules]
[Page 23244]
[FR Doc No: 2015-09535]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0868; Directorate Identifier 97-ANE-42-AD
RIN 2120-AA64

Airworthiness Directives; Lycoming Engines Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM).
The NPRM proposed a new airworthiness directive (AD) that had applied
to certain Lycoming Engines (type certificate formerly held by Textron
Lycoming) with Superior Air Parts, Inc. (SAP), piston pins installed.
The NPRM had applied to those engines using SAP piston pins, part
number (P/N) 13444-1. The proposed action would have required removal
of defective SAP piston pins, P/N 13444-1, from service. Since we
issued the NPRM, we have learned that all the affected piston pins have
been removed from service. We also found that SAP has revised its
manufacturing process so that the subsequent piston pins were no longer
susceptible to cracking. Accordingly, we withdraw the proposed rule.

DATES: As of April 27, 2015, the proposed rule published February 18,
1998 at 63 FR 8149 is withdrawn.

FOR FURTHER INFORMATION CONTACT: Peter W. Hakala, Aerospace Engineer,
Ft. Worth Aircraft Certification Office, FAA, Rotorcraft Directorate,
2601 Meacham Blvd., Fort Worth, TX 76137; phone:<PHONE_NUMBER>; fax:
817-222-5785; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with a proposed AD (63 FR 8149, February 18, 1998). The proposed AD had
applied to certain Lycoming Engines with SAP piston pins installed. The
NPRM proposed to require removing certain defective piston pins from
service. The proposed action was prompted by reports of defective
piston pins. The proposed actions were intended to prevent a piston pin
fracture from allowing a connecting rod and free piston to damage an
aluminum cylinder head or an engine case. This could result in the loss
of oil leading to total power failure and a possible engine fire. Also,
a loose connecting rod could possibly puncture the engine case or jam
the engine crankshaft, resulting in a catastrophic engine failure.
    Since we issued the NPRM (63 FR 8149, February 18, 1998),
additional information became available after the public comment period
closed on March 20, 1998.
    Upon further consideration, we hereby withdraw the proposed rule
for the following reasons:
     All the suspect defective piston pins, P/N 1344-1,
manufactured by SAP, were taken out of service in 1998.
     SAP changed its machining and grinding procedures in 1998
so that the affected piston pins were no longer susceptible to micro-
cracks.
    Withdrawal of the NPRM (63 FR 8149, February 18, 1998) constitutes
only such action, and does not preclude the agency from issuing another
notice in the future, nor does it commit the agency to any course of
action in the future.
    Since this action only withdraws a notice of proposed rulemaking,
it is neither a proposed nor a final rule. Therefore, Executive Order
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979) do not cover this
withdrawal.

List of Subjects in 14 CFR Part 39

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

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket No. FAA-
2015-0868; Directorate Identifier 97-ANE-42-AD, published in the
Federal Register on February 18, 1998 (63 FR 8149), is withdrawn.

    Issued in Burlington, Massachusetts, on April 15, 2015.
Colleen M. D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-09535 Filed 4-24-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Notices]
[Page 70581-70582]
[DOCID:fr12de07-36]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2007-0558; FRL-8504-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Recordkeeping Requirements for
Producers of Pesticides Under Section 8 of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA); EPA ICR No. 0143.10, OMB
Control No. 2070-0028

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501, et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before January 11,
2008.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2007-0558, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA Docket

Center, Environmental Protection Agency, EPA Docket Center, Mail Code:
2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB
by mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Robin Nogle, Office of Compliance/
Agriculture Division, Mail Code: 2225A, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On August 20, 2007 (72 FR 46462), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received one comment during the
comment period, which is addressed in the ICR. Any additional comments
on this ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OECA-2007-0558, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Enforcement and

Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Enforcement and
Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA receives

them and without change, unless the comment contains copyrighted
material, Confidential Business Information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to http://www.regulations.gov.

    Title: Recordkeeping Requirements for Producers of Pesticides Under
Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).
    ICR numbers: EPA ICR No. 0143.10, OMB Control No. 2070-0028.
    ICR Status: This ICR is scheduled to expire on December 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: Producers of pesticides must maintain certain records
with respect to their operations and make such records available for
inspection and copying as specified in section 8 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and in regulations
at 40 CFR Part 169. This information collection is mandatory under
FIFRA section 8. It is used by the Agency to determine compliance with
the Act. The information is used by EPA Regional pesticide enforcement
and compliance staffs, the Office of Enforcement and Compliance
Assurance (OECA), and the Office of Pesticide Programs (OPP) within the
Office of Prevention, Pesticides and Toxic Substances (OPPTS), as well
as the U.S. Department of Agriculture (USDA), the Food and Drug
Administration (FDA), and other Federal agencies, States under
Cooperative Enforcement Agreements, and the public. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 2
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Producers of pesticides for sale or
distribution in the United States.
    Estimated Number of Respondents: 13,400.
    Frequency of Response: Annual.
    Estimated Total Annual Hour Burden: 26,800.
    Estimated Total Annual Cost: $1,227,976. There are no annualized
capital or O&M costs associated with this ICR since all equipment
associated with this ICR is present as part of ordinary business
practices.
    Changes in the Estimates: There is an increase of 893 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This increase is an adjustment due to a change in
the number of respondents since the last ICR.

    Dated: December 4, 2007.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
 [FR Doc. E7-24095 Filed 12-11-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Page 31590]
[FR Doc No: 2023-10462]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0052]

Utah Transit Authority FrontRunner Commuter Rail's Request To
Amend Its Positive Train Control Safety Plan and Positive Train Control
System

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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SUMMARY: This document provides the public with notice that, on May 4,
2023, Utah Transit Authority FrontRunner Commuter Rail System (UTA)
submitted a request for amendment (RFA) to its FRA-approved Positive
Train Control Safety Plan (PTCSP). As this RFA involves a request for
FRA's approval of proposed material modifications to an FRA-certified
positive train control (PTC) system, FRA is publishing this notice and
inviting public comment on the railroad's RFA to its PTCSP.

DATES: FRA will consider comments received by June 6, 2023. FRA may
consider comments received after that date to the extent practicable
and without delaying implementation of valuable or necessary
modifications to a PTC system.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0052. For convenience, all active PTC
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/research-development/program-areas/train-control/ptc/railroads-ptc-dockets. All comments received will be posted without change to https://www.regulations.gov; this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) Section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with Title 49 Code of Federal
Regulations (CFR) part 236, subpart I, before the technology may be
operated in revenue service. Before making certain changes to an FRA-
certified PTC system or the associated FRA-approved PTCSP, a host
railroad must submit, and obtain FRA's approval of, an RFA to its PTCSP
under 49 CFR 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification of a signal and train control
system. Accordingly, this notice informs the public that, on May 4,
2023, UTA submitted an RFA to its PTCSP for its Enhanced Automatic
Train Control, seeking FRA's approval of the Expedient Release of
Mandatory Directives functionality and changes to Office Blocking and
Temporary Speed Restriction functions. This RFA is available in Docket
No. FRA-2010-0052.
    Interested parties are invited to comment on UTA's RFA to its PTCSP
by submitting written comments or data. During FRA's review of this
railroad's RFA, FRA will consider any comments or data submitted within
the timeline specified in this notice and to the extent practicable,
without delaying implementation of valuable or necessary modifications
to a PTC system. See 49 CFR 236.1021; see also 49 CFR 236.1011(e).
Under 49 CFR 236.1021, FRA maintains the authority to approve, approve
with conditions, or deny a railroad's RFA to its PTCSP at FRA's sole
discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-10462 Filed 5-16-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Proposed Rules]
[Pages 81427-81430]
[FR Doc No: 2020-27660]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1132; Project Identifier MCAI-2020-01386-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2018-15-02, which applies to certain Airbus Helicopters Model AS350B,
AS350B1, AS350B2, AS350B3, AS350BA, AS355E, AS355F, AS355F1, AS355F2,
AS355N, and AS355NP helicopters. AD 2018-15-02 requires repetitively
inspecting the tail rotor (TR) pitch rod for a damaged elastomeric ball
joint, and corrective action if necessary. Since the FAA issued AD
2018-15-02, the FAA determined that the manufacturer had developed
improved inspection procedures and identified conditions that would
allow the repetitive inspection intervals specified in AD 2018-15-02 to
be extended to correspond with the intervals for the inspection of the
TR pitch rod specified in the airworthiness limitation section of the
applicable helicopter maintenance manual. This proposed AD would retain
the requirements of AD 2018-15-02 and allow the repetitive inspection
interval to be extended under certain conditions, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference. 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 February 1,
2021.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu.You may view this IBR material at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1132.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1132; 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, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Katherine Venegas, Aviation Safety
Engineer, Cabin Safety, Mechanical and Environmental Systems Section,
Los Angeles ACO Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
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-2020-1132; Project Identifier
MCAI-2020-01386-R'' 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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposal.

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
Katherine Venegas, Aviation Safety Engineer, Cabin Safety, Mechanical
and Environmental Systems Section, Los Angeles ACO Branch, FAA, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:
562-627-5210; email<EMAIL_ADDRESS>Any commentary that the
FAA receives that is not specifically designated as CBI will be placed
in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2018-15-02, Amendment 39-19334 (83 FR 34029, July
19, 2018) (AD 2018-15-02), which applies to certain Airbus Helicopters
Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS355E, AS355F,
AS355F1, AS355F2, AS355N, and AS355NP helicopters. AD 2018-15-02
requires repetitively inspecting the TR pitch rod for a damaged
elastomeric ball joint, and corrective action if necessary. The FAA
issued AD 2018-15-02 to address damage to the elastomeric ball joint on
the TR pitch change rod. This condition could result in failure of the
TR pitch change rod and subsequent loss of control of the helicopter.

Actions Since AD 2018-15-02 Was Issued

    Since the FAA issued AD 2018-15-02, the FAA determined that the
manufacturer had developed improved inspection procedures and
identified conditions that would allow the repetitive inspection
intervals specified in AD 2018-15-02 to be expanded to correspond with
the intervals for the inspection of the TR pitch rod specified in the
airworthiness limitation section of the applicable helicopter
maintenance manual.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2017-0020R1, dated May 22, 2019
(EASA AD 2017-0020R1) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Airbus Helicopters Model AS350B, AS350BA, AS350BB, AS350B1,
AS350B2, AS350B3, AS355E, AS355F, AS355 F1, AS355F2, AS355N and AS355NP
helicopters. Model AS350BB helicopters are not certificated by the FAA
and are not included on the U.S. type certificate data sheet; this
proposed AD therefore does not include those helicopters in the
applicability.
    This proposed AD was prompted by a report of several cases of
damaged TR pitch rod ball joints. The FAA is proposing this AD to
address damage to the elastomeric ball joint on the TR pitch change
rod. This condition could result in failure of the TR pitch change rod
and subsequent loss of control of the helicopter. See the MCAI for
additional background information.

Comments on AD 2018-15-02

    The FAA gave the public the opportunity to comment on AD 2018-15-
02. The following presents the comments received on AD 2018-15-02 and
the FAA's response to those comments.

Request To Allow Pilots To Do the Inspection

    Four commenters requested that the FAA allow pilots to do the
inspection specified in the required action paragraph of AD 2018-15-02.
The commenters observed that the Airbus Helicopters service information
specified in AD 2018-15-02 identified qualified personnel as a
mechanical engineer technician or a pilot. Three of those commenters
also noted that the repetitive inspection required by AD 2018-15-02 is
required at intervals not to exceed 10 hours time-in-service (TIS).

These commenters explained that because many of the affected
helicopters are utilized for firefighting, law enforcement, and utility
applications, operators might not have access to a mechanic to do the
inspection every 10 hours TIS, therefore a pilot should be allowed to
perform the inspection.
    The FAA disagrees. Per 14 CFR 43.3, the persons listed as
authorized to perform maintenance do not include pilots. In addition,
AD 2018-15-02 requires actions where a device to measure degrees of
rotation is needed. Because this precision measuring equipment must be
used, a pilot is not allowed to perform the inspection. The FAA did not
make any changes to AD 2018-15-02 regarding this issue. However, the
FAA reviewed these comments again in light of this NPRM, which proposes
to supersede AD 2018-15-02, and to incorporate EASA AD 2017-0020R1 by
reference. EASA AD 2017-0020R1 identifies conditions where operators
can revert to the original repetitive inspection intervals specified in
the applicable airworthiness limitations section for the affected
helicopters. The intervals specified in the airworthiness limitations
section are every 50 flight hours, and for the purposes of this
proposed AD, every 50 hours TIS.

Related Service Information Under 1 CFR Part 51

    EASA AD 2017-0020R1 describes procedures for repetitively
inspecting the TR pitch rod for a damaged (debonding, extrusion, or
cracking) elastomeric ball joint and corrective action. The corrective
action includes replacing an affected TR pitch rod with a serviceable
TR pitch rod. 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 the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2018-15-02, this proposed AD would retain all of the
requirements of AD 2018-15-02, except this proposed AD would allow for
extended repetitive intervals. Those requirements are referenced in
EASA AD 2017-0020R1, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2017-0020R1 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2017-
0020R1 will be incorporated by reference in the FAA final rule. This
proposed AD would, therefore, require compliance with EASA AD 2017-
0020R1 in its entirety, 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 the EASA AD 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 the EASA AD. Service
information specified in EASA AD 2017-0020R1 that is required for
compliance with EASA AD 2017-0020R1 will be available on the internet
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-1132 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 955 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018-15-02...  0.5 work-hour x $85 per               $0          $42.50      $40,587.50
                                         hour = $42.50.
----------------------------------------------------------------------------------------------------------------

    This new proposed AD adds no new costs to affected operators.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
helicopters that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85........          $3,358          $3,443
------------------------------------------------------------------------

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) Will not affect intrastate aviation in Alaska, 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.

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 removing Airworthiness Directive (AD)
2018-15-02, Amendment 39-19334 (83 FR 34029, July 19, 2018), and adding
the following new AD:

Airbus Helicopters: Docket No. FAA-2020-1132; Project Identifier
MCAI-2020-01386-R.

(a) Comments Due Date

    The FAA must receive comments by February 1, 2021.

(b) Affected Airworthiness Directive (ADs)

    This AD replaces AD 2018-15-02, Amendment 39-19334 (83 FR 34029,
July 19, 2018) (AD 2018-15-02).

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350B1,
AS350B2, AS350B3, AS350BA, AS355E, AS355F, AS355F1, AS355F2, AS355N,
and AS355NP helicopters, certificated in any category, as identified
in European Union Aviation Safety Agency (EASA) AD 2017-0020R1,
dated May 22, 2019 (EASA AD 2017-0020R1).

(d) Subject

    Joint Aircraft System Component (JASC) Code 6720, Tail Rotor
Control System.

(e) Reason

    This AD was prompted by a report of several cases of damaged
tail rotor (TR) pitch rod ball joints. The FAA is issuing this AD to
address damage to the elastomeric ball joint on the TR pitch change
rod. This condition could result in failure of the TR pitch change
rod and subsequent loss of control of the helicopter.

(f) Compliance

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

(g) New Requirements

    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 2017-0020R1.

(h) Exceptions to EASA AD 2017-0020R1

    (1) Where EASA AD 2017-0020R1 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2017-0020R1 refers to February 9, 2017 (the
effective date of EASA AD 2017-0020-E, dated February 9, 2017), this
AD required using August 3, 2018 (the effective date of AD 2018-15-
02).
    (3) The ``Remarks'' section of EASA AD 2017-0020R1 does not
apply to this AD.
    (4) Although the service information referenced in EASA AD 2017-
0020R1 specifies to discard certain parts, this AD does not include
that requirement.
    (5) Where EASA AD 2017-0020R1 refers to flight hours (FH), this
AD requires using hours time-in-service.
    (6) Where paragraph (1) of EASA AD 2017-0020R1 specifies an
initial compliance time of ``Before exceeding 50 FH [flight hours]
since the last inspection per ALS [airworthiness limitations]
chapter 04-20-00, or within 10 FH or 7 days, whichever occurs
first,'' for this AD, the initial compliance time is within 10 hours
time-in-service (TIS).
    (7) For the inspections specified in paragraph (1) of EASA AD
2017-0020R1: Accomplishing the actions specified in paragraphs
(h)(7)(i) and (ii) of this AD before the effective date of this AD
are acceptable for compliance with the inspections specified in in
paragraph (1) of EASA AD 2017-0020R1. On or after the effective date
of this AD comply with the inspections as specified in paragraph (1)
of EASA AD 2017-0020R1.
    (i) Manually induce a flapping movement in the TR blade until
the pitch change rod rotates a minimum of 10 degrees.
    (ii) Inspect both faces of the blade side of the ball joint
elastomer for debonding, extrusion, and cracks.
    (8) Although the service information referenced in EASA AD 2017-
0020R1 permits certain actions to be performed by a mechanical
engineering technician or pilot, this AD requires that the actions
be performed by a qualified mechanic.

(i) 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the International Validation Branch, send it to the
attention of the person identified in paragraph (j)(2) of this AD.
Information may be emailed to<EMAIL_ADDRESS>Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.

(j) Related Information

    (1) For EASA AD 2017-0020R1, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. This material may be found in the AD docket
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-1132.
    (2) For more information about this AD, contact: Katherine
Venegas, Aviation Safety Engineer, Cabin Safety, Mechanical and
Environmental Systems Section, Los Angeles ACO Branch, FAA, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on December 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-27660 Filed 12-15-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 28, 2009 (Volume 74, Number 101)]
[Rules and Regulations]
[Page 25404-25406]
[DOCID:fr28my09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0479; Directorate Identifier 2009-NM-006-AD;
Amendment 39-15918; AD 2009-11-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-202, -223, -243, -
301, -322, and -342 Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:

    During the A330 and A340 aircraft fatigue test, cracks appeared
on the right and left sides between the crossing area of the keel
angle fitting and the front spar of the Centre Wing Box (CWB).
Several modifications have been introduced in the fleet in the area
of frame [FR] 40 keel angle assembly in order to prevent these
cracks. However the new design has caused interference between one
fastener and the keel angle which was corrected by further local
reprofiling of the keel angle horizontal flange. Analysis shows that
without an inspection of this reprofiled area, the structural
integrity of the area is impacted, which constitutes an unsafe
condition.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective June 12, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 12,
2009.
    We must receive comments on this AD by June 29, 2009.

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 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: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

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 2008-0213, dated December 8, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    During the A330 and A340 aircraft fatigue test, cracks appeared
on the right and left sides between the crossing area of the keel
angle fitting and the front spar of the Centre Wing Box (CWB).
Several modifications have

been introduced in the fleet in the area of frame [FR] 40 keel angle
assembly in order to prevent these cracks. However the new design
has caused interference between one fastener and the keel angle
which was corrected by further local reprofiling of the keel angle
horizontal flange. Analysis shows that without an inspection of this
reprofiled area, the structural integrity of the area is impacted,
which constitutes an unsafe condition.
    In order to maintain the structural integrity of the aircraft,
this Airworthiness Directive (AD) requires a repetitive special
detailed inspection [high frequency eddy current to detect cracking]
on the horizontal flange of the keel beam in the area of first
fastener hole aft of FR40, and in case of cracks to repair
accordingly.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-53-3151, Revision
01, including Appendix 1, dated September 25, 2008. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

Differences Between the 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 required 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 AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0479; Directorate
Identifier 2009-NM-006-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.

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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    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 AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-11-08 Airbus: Amendment 39-15918. Docket No. FAA-2009-0479;
Directorate Identifier 2009-NM-006-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 12,
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-202, -223, -243, -301,
-322 and -342 airplanes; certificated in any category; serial
numbers 0177, 0181, 0183, 0184, 0188, 0189, 0191, 0195, 0198, 0200,
0203, 0205, 0206, 0209, 0211, 0219, 0222, 0223, 0224, 0226, 0229,
0230, 0231, 0232, 0234, 0238, 0240, 0241, 0244, 0247, 0248, 0249,
0250, 0251, 0253, 0254, and 0255.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:
    During the A330 and A340 aircraft fatigue test, cracks appeared
on the right and left

sides between the crossing area of the keel angle fitting and the
front spar of the Centre Wing Box (CWB). Several modifications have
been introduced in the fleet in the area of frame [FR] 40 keel angle
assembly in order to prevent these cracks. However the new design
has caused interference between one fastener and the keel angle
which was corrected by further local reprofiling of the keel angle
horizontal flange. Analysis shows that without an inspection of this
reprofiled area, the structural integrity of the area is impacted,
which constitutes an unsafe condition.
    In order to maintain the structural integrity of the aircraft,
this Airworthiness Directive (AD) requires a repetitive special
detailed inspection [high frequency eddy current to detect cracking]
on the horizontal flange of the keel beam in the area of first
fastener hole aft of FR40 and in case of cracks to repair
accordingly.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 90 days after the effective date of this AD, or at
the applicable time specified in paragraph (f)(1)(i) or (f)(1)(ii)
of this AD, whichever occurs later, perform a special detailed (high
frequency eddy current) inspection to detect cracking of the keel
beam fitting horizontal flange edge at FR40 on the left-hand and
right-hand sides of the fuselage, in accordance with the
instructions of Airbus Mandatory Service Bulletin A330-53-3151,
Revision 01, dated September 25, 2008.
    (i) For Model A330-301, -322, and -342 airplanes: Before
accumulating 14,500 total flight cycles or 37,000 total flight hours
from the first flight of the airplane, whichever occurs first.
    (ii) For Model A330-202, -223, and -243 airplanes: Before
accumulating 14,100 total flight cycles or 70,600 total flight hours
from the first flight of the airplane, whichever occurs first.
    (2) If no crack is detected during the inspection required by
paragraph (f)(1) of this AD, repeat the inspection specified in
paragraph (f)(1) of this AD thereafter at intervals not to exceed
the times specified in paragraph (f)(2)(i) or (f)(2)(ii) of this AD,
as applicable.
    (i) For Model A330-301, -322, and -342 airplanes: 6,230 flight
cycles or 15,900 flight hours, whichever occurs first.
    (ii) For Model A330-202, -223, and -243 airplanes: 6,060 flight
cycles or 30,300 flight hours, whichever occurs first.
    (3) If any crack is found during any inspection required by this
AD, before further flight, contact Airbus and follow their
corrective actions.
    (4) Airplanes that have already been inspected prior to the
effective date of this AD in accordance with the instructions of
Airbus Service Bulletin A330-53-3151, dated December 6, 2005, are
compliant with the requirements of paragraph (f)(1) of this AD
(initial inspection). However, after the effective date of this AD,
the repetitive inspections must be continued in accordance with the
instructions of Airbus Mandatory Service Bulletin A330-53-3151,
Revision 01, dated September 25, 2008, as specified in paragraph
(f)(1) of this AD.
    (5) At the applicable time specified in paragraph (f)(5)(i) or
(f)(5)(ii) of this AD, submit a report of the results (both positive
and negative) of the inspection required by paragraph (f)(1) of this
AD, in accordance with Airbus Mandatory Service Bulletin A330-53-
3151, Revision 01, dated September 25, 2008. Send the report to
Airbus SAS--Customer Services Directorate, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; Attention SEDCC1 Technical
Data and Documentation Services, fax +33 5 61 93 28 06, e-mail
<EMAIL_ADDRESS>    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was accomplished prior to the effective
date of this AD: Submit the report within 30 days after the
effective date of this AD.

FAA AD Differences

    Note 1: 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, 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: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1138; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
    (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) European Aviation Safety Agency (EASA)
Airworthiness Directive 2008-0213, dated December 8, 2008; and
Airbus Mandatory Service Bulletin A330-53-3151, Revision 01, dated
September 25, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-53-3151,
Revision 01, including Appendix 1, dated September 25, 2008, to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80, e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the 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, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on May 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-12113 Filed 5-27-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69722-69725]
[FR Doc No: 2010-28607]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63274; File No. SR-NYSEAmex-2010-101]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its
Options Fee Schedule To Reflect Fees Charged for Co-location Services

November 8, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 26, 2010, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 amend its Options Fee Schedule to reflect
fees charged for co-location services, as described more fully herein.
The text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, on the Commission's Web site at
http://www.sec.gov, and http://www.nyse.com.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Options Fee Schedule to identify
fees pertaining to co-location services, which allow Users \4\ of the
Exchange to rent space on premises controlled by the Exchange in order
that they may locate their electronic servers in close physical
proximity to the Exchange's trading and execution systems.\5\ The
Exchange plans to offer these co-location services beginning in January
2011 at its data center in Mahwah New Jersey.\6\ The Exchange will
offer space at the data center in cabinets with power usage capability
of either four or eight kilowatts (kW).\7\ In addition, the Exchange
will offer Users services related to co-location, including cross
connections, equipment and cable installation, and remote ``hot-hands''
services.
---------------------------------------------------------------------------

    \4\ For the purposes of this filing, the term ``Users'' includes
any ``ATP Holder,'' as that term is defined in NYSE Amex (Options)
Rule 900.2NY(4) and any ``Sponsored Participant,'' as that term is
defined in NYSE Amex (Options) Rule 900.2NY(77).
    \5\ The Commission has approved proposed rule filings submitted
by the Exchange (with respect to its equities business) and the
Exchange's affiliate, the New York Stock Exchange LLC to offer the
same co-location services from the Mahwah data center at the same
prices. See Securities Exchange Act Release No. 62961 (September 21,
2010), 75 FR 59299 (September 27, 2010) (SR-NYSE-2010-56);
Securities Exchange Act Release No. 62960 (September 21, 2010) 75 FR
59310 (September 27, 2010) (SR-NYSEAmex-2010-80).
    \6\ The Exchange will announce the effective date of the fees
set forth in this proposed rule change through a notice to Users.
    \7\ The Exchange also allows Users, for a monthly fee (i.e., 40%
of the applicable monthly per kW fee), to obtain an option for
future use on available, unused cabinet space in proximity to their
existing cabinet space. Specifically, Users may reserve cabinet
space of up to 30% of the cabinet space under contract, which the
Exchange will endeavor to provide as close as reasonably possible to
the User's existing cabinet space, taking into consideration power
availability within segments of the data center and the overall
efficiency of use of data center resources as determined by the
Exchange. (If the 30% measurement results in a fractional cabinet,
the cabinet count is adjusted up to the next increment.) If reserved
cabinet space becomes needed for use, the reserving User will have
30 business days to formally contract with the Exchange for full
payment for the reserved cabinet space needed or the space will be
reassigned.
---------------------------------------------------------------------------

    Users that receive co-location services from the Exchange will not
receive any means of access to the Exchange's trading and execution
systems that is separate from or superior to that of Users that do not
receive co-location services. All orders sent to the Exchange enter the
Exchange's trading and execution systems through the same order gateway
regardless of whether the sender is co-located in the Exchange's data
center or not. In addition, co-located Users do not receive any market
data or data service product that is not available to all Users.
However, Users that receive co-location services normally would expect
reduced latencies in sending orders to the Exchange and receiving
market data from the Exchange. In addition, co-located Users have the
option of obtaining access to the Exchange's Liquidity Center Network
(``LCN''), a local area network available in the data center.\8\ Co-
located Users have the option of using either the LCN or the Exchange's
Secure Financial Transaction Infrastructure (``SFTI'') network, to
which all Users have access. Because it operates as a local area
network within the data center, the LCN provides reduced latencies in
comparison with SFTI. Other than the

reduced latencies, the Exchange believes that there are no material
differences in terms of access to the Exchange between Users that
choose to co-locate and those that do not. SFTI and LCN both provide
Users with access to the Exchange's trading and execution systems and
to the Exchange's proprietary market data products. User access to non-
proprietary market data products is available through SFTI and not
through LCN.
---------------------------------------------------------------------------

    \8\ As set forth below, pricing for LCN access is provided on a
stand-alone basis and on a bundled basis in combination with SFTI
connections and optic connections to outside access centers and
within the data center. The SFTI and optic connections are not
related to the co-location services.
---------------------------------------------------------------------------

    The Exchange offers co-location space based on availability and the
Exchange believes that it has sufficient space in the Mahwah data
center to accommodate current demand on an equitable basis for the
foreseeable future. In addition, the Exchange believes that any
difference among the positions of the cabinets within the data center
does not create any material difference to co-location Users in terms
of access to the Exchange.
    The following charts identify the proposed tiered fees for co-
location and the proposed fees for related services.

------------------------------------------------------------------------
      Initial fee per cabinet                       $5,000
------------------------------------------------------------------------
           Number of kWs                      Per kW fee monthly
------------------------------------------------------------------------
                      4-8                               $1,200
                    12-20                                1,050
                    24-40                                  950
                     44 +                                  900
------------------------------------------------------------------------

------------------------------------------------------------------------
       Type of service             Description        Amount of charge
------------------------------------------------------------------------
LCN Access..................  1 GB Circuit........  $6,000 per
                                                     connection initial
                                                     charge plus $5,000
                                                     monthly per
                                                     connection.
LCN Access..................  10 GB Circuit.......  $10,000 per
                                                     connection.
Bundled Network Access,       1 GB Bundle.........  $25,000 initial
 Option 1 (2 LCN                                     charge plus $13,000
 connections, 2 SFTI                                 monthly charge.
 connections, and 2 optic
 connections to outside
 access center).
                              10 GB Bundle........  $50,000 initial
                                                     charge plus $47,000
                                                     monthly charge.
Bundled Network Access,       1 GB Bundle.........  $26,000 initial
 Option 2 (2 LCN                                     charge plus $16,000
 connections, 2 SFTI                                 monthly charge.
 connections, 1 optic
 connection to outside
 access center, and 1 optic
 connection in data center).
                              10 GB Bundle........  $50,000 initial
                                                     charge plus $54,250
                                                     monthly charge.
Bundled Network Access,       1 GB Bundle.........  $27,500 initial
 Option 3 (2 LCN                                     charge plus $19,000
 Connections, 2 SFTI                                 monthly charge.
 connections, and 2 optic
 connections in data center).
                              10 GB Bundle........  $50,000 initial
                                                     charge plus $61,500
                                                     monthly charge.
Data Center Fiber Cross       Cross connect         $500 per unit
 Connect.                      between a single      initial charge plus
                               User's cabinets       $500 monthly per
                               within the data       unit.
                               center.
Initial Install Services      Includes initial      $800 per cabinet.
 (Required per cabinet).       racking of
                               equipment in
                               cabinet and
                               provision of up to
                               10 cables (4 hrs).
Hot Hands Service: Normal     Applies on non-NYSE   $200 per hour.
 Business Hours, Scheduled     Amex holidays,
 (Note: Hot Hands Service      Monday to Friday, 9
 allows Users to use on-site   am to 5 pm if
 data center personnel to      scheduled at least
 maintain User equipment.).    1 day in advance.
Hot Hands Service: Extended   Applies Monday to     $275 per hour.
 Business Hours, Scheduled.    Friday 5 pm to 9
                               am, NYSE Amex
                               holidays, and
                               weekends if
                               scheduled at least
                               1 day in advance.
Hot Hands Service: Normal     Applies on non-NYSE   $250 per hour.
 Business Hours, Expedited.    Amex holidays,
                               Monday to Friday, 9
                               am to 5 pm if NOT
                               scheduled at least
                               1 day in advance.
Hot Hands Service: Extended   Applies Monday to     $325 per hour.
 Business Hours, Expedited.    Friday 5 pm to 9
                               am, NYSE Amex
                               holidays, and
                               weekends if NOT
                               scheduled at least
                               1 day in advance.
Rack and Stack..............  Installation of one   $200 per server.
                               server in User's
                               cabinet. Service
                               encompasses
                               handling,
                               unpacking, tagging,
                               and installation of
                               the server as well
                               as 1 network
                               connection within
                               the User rack.
Power Recycling.............  Reboot of power on    $50 per reset.
                               one server or
                               switch as well as
                               observing and
                               reporting on the
                               status of the
                               reboot back to the
                               User.
Shipping and Receiving......  Receipt of one        $100 per shipment.
                               shipment of goods
                               at data center from
                               User/supplier.
                               Includes
                               coordination of
                               shipping and
                               receiving.
Badge Request...............  Request for           $50 per badge.
                               provision of a
                               permanent data
                               center site access
                               badge for a User
                               representative.
External Cabinet Cable Tray.  Engineer, furnish     $400 per tray.
                               and install Rittal
                               5'' H X 12'' W
                               cable tray on
                               cabinet.
Custom External Cabinet       Engineer, furnish     $100 per linear
 Cable Tray.                   and install 4'' H V   foot.
                               24'' W custom
                               basket cable tray
                               above client's
                               cabinet rows.
Install and Document Cable..  Labor charges to      $200 per hour.
                               install and
                               document the
                               fitting of a
                               cable(s) in a
                               User's cabinet(s)
                               in excess of the 10
                               copper cables
                               included in the
                               cabinet
                               installation fee.

Equipment Maintenance Call    Hardware maintenance- $100 per call.
 Escalation.                   break fix services
                               available through
                               NYSE arrangement
                               with Delta Computer
                               Group.
Visitor Security Escort.....  NYSE employee         $75 per hour.
                               escort, which is
                               required during
                               User visits to the
                               data center. (Note:
                               all User
                               representatives are
                               required to have a
                               visitor security
                               escort during
                               visits to the data
                               center, including
                               User
                               representatives who
                               have a permanent
                               data center site
                               access badge.).
Technician Support Service--  Network technician    $200 per hour.
 Non Emergency.                equipped to support
                               User network
                               troubleshooting
                               activity and to
                               provide all
                               necessary testing
                               instruments to
                               support the User
                               request. Prior day
                               notice is required.
Technician Support Service--  Network technician    $325 per hour.
 Emergency.                    equipped to support
                               User network
                               troubleshooting
                               activity and to
                               provide all
                               necessary testing
                               instruments to
                               support the User
                               request. Two hour
                               notice is required.
------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\9\ in general, and Sections 6(b)(4) and 6(b)(5), of the
Act,\10\ in particular, in that it is designed to (i) provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities, and (ii) prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. The Exchange believes that the
proposed changes to the Schedule are equitable in that they apply fees
for comparable co-location services uniformly to our Users. Moreover,
the Exchange believes that, as described herein, access to its market
is offered on fair and non-discriminatory terms.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission notes that the Exchange satisfied this five-day pre-
filing requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. The Commission notes that the co-location fees sought
to be codified here are based on filings by the Exchange and the
Exchange's affiliate, the New York Stock Exchange LLC, which have
already been approved by the Commission, and that accelerated approval
of the co-location fees will ensure that the co-location services and
fees are made available to all interested parties without delay. For
this reason, the Commission designates the proposed rule change as
operative upon filing.\13\
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

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-NYSEAmex-2010-101 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-NYSEAmex-2010-101. 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, 100 F
Street, NE., Washington, DC 20549, 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 office 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-
NYSEAmex-2010-101 and should be submitted on or before December 6,
2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28607 Filed 11-12-10; 8:45 am]
BILLING CODE 8011-01-P