[Federal Register Volume 79, Number 120 (Monday, June 23, 2014)]
[Notices]
[Page 35598]
[FR Doc No: 2014-14695]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on Wednesday, June
25, 2014 at 10:00 a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:
    The Commission will consider whether to adopt rules regarding the
Application of ``Security-based Swap Dealer'' and ``Major Security-
based Swap Participant'' Definitions to Cross-Border Security-Based
Swap Activities under the Securities Exchange Act of 1934 and Title VII
of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: June 18, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-14695 Filed 6-19-14; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Notices]
[Page 10354]
[FR Doc No: 2022-03908]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-1065-000]

Rabbitbrush Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Rabbitbrush Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 9, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: February 17, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-03908 Filed 2-23-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 24, 2009 (Volume 74, Number 141)]
[Notices]
[Page 36796-36797]
[DOCID:fr24jy09-150]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60321; File No. SR-NYSEArca-2009-65]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rule 7.31(mm)

July 16, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on June 8, 2009, NYSE Arca, Inc. (``NYSE Arca'' 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\ 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 NYSE Arca Equities Rule 7.31(mm)
governing the PNP (Post No Preference) Blind orders. The text of the
proposed rule change is attached as Exhibit 5 to the 19b-4 form. A copy
of this filing is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this rule filing is to amend the definition and
operation of PNP Blind orders under NYSE Arca Equities Rule 7.31(mm). A
PNP Blind order is a PNP Order \3\ priced at or through the Best
Protected Bid or Best Protected Offer (``PBBO'') that is displayed on
the NYSE Arca Book \4\ at the price of the contra quote. The priority
and execution of PNP Blind orders are governed by the Exchange's
Display Order Process set forth in Rule 7.36. Presently, pursuant to
7.31(mm)(4), marketable contra orders execute first against PNP Blind
orders, then the rest of the book. Pursuant to this proposal, the
Exchange seeks to clarify that where a PNP Blind order is un-displayed,
any displayed order priced at or through the PBBO will take priority
over the un-displayed PNP Blind order at the same prices. Of course,
once a PNP Blind order is displayed, it will be ranked in price/time
priority with all other orders.
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    \3\ NYSE Arca Equities Rule 7.31(w).
    \4\ NYSE Arca Equities Rule 1.1(a). The term ``NYSE Arca Book''
shall refer to the NYSE Arca Marketplace's electronic file of
orders, which contains all the User's orders in each of the Directed
Order, Display Order, Working Order and Tracking Order Processes.
---------------------------------------------------------------------------

Example
10:03:00 PBBO: $15.00 to $15.05
10:03:30 B1 PNPB Buy 1000 at 15.10 (order is booked at $15.05, un-
displayed)
10:03:45 B2 PNP ISO Buy 1000 at $15.05 (order is immediately posted)
10:04:00 S1 Sell 1000 at $15.05
    Results Currently: S1 interacts with un-displayed order B1
    Revised Results: S1 trades with displayed order B2.
    The Exchange believes that amending this functionality is
consistent with its Display Order Process which favors executing
displayed liquidity before un-displayed liquidity.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \5\ of the
Securities Exchange Act of 1934 (the ``Exchange Act''), in general, and
furthers the objectives of Section 6(b)(5) \6\ in particular in that it
is designed to 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 mechanism of a free and open market and a national market system.
The proposed rule change clarifies PNP Blind order functionality
consistent with its Display Order Process.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 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

    Because the foregoing proposed rule change: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) by its terms, does not become operative for 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, it has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\9\
However, Rule 19b-4(f)(6)(iii) \10\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the proposal may
become operative immediately upon filing. The

Commission believes such waiver is consistent with the protection of
investors and the public interest.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
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 Exchange has complied with this requirement.
    \10\ Id.
    \11\ For purposes only of waiving the 30-day operative delay of
this proposal, 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 may summarily abrogate 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-NYSEArca-2009-65 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-NYSEArca-2009-65. 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 inspection
and copying in the Commission's Public Reference Room on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal 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-NYSEArca-2009-65 and should be submitted on or before
August 14, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-17631 Filed 7-23-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Page 352]
[FR Doc No: 2022-28565]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2006-0369; FRL-10501-01-OW]

Proposed Information Collection Request; Comment Request;
National Estuary Program (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``National Estuary
Program (Renewal)'' (EPA ICR No. 1500.11, OMB Control No. 2040-0138) to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA
is soliciting public comments on specific aspects of the proposed
information collection as described below. This is a proposed extension
of the ICR, which is currently approved through September 30, 2023. An
Agency may not conduct or sponsor, and a person is not required to
respond to a collection of information without a currently valid OMB
control number.

DATES: Comments must be submitted on or before March 6, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2006-0369 online using www.regulations.gov (our preferred method), by
email to [email protected], or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Vince Bacalan, Oceans, Wetlands and
Communities Division; Office of Wetlands, Oceans and Watersheds, (Mail
Code 4504T), Environmental Protection Agency, 1200 Pennsylvania Ave.
NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
202-566-1336; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents that explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave., NW, Washington, DC 20460. The
telephone number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The National Estuary Program (NEP) involves collecting
information from the state, local entity or nongovernmental
organization that receives funds under section 320 of the Clean Water
Act (CWA) (i.e., the NEP). The regulation requiring this information is
found in 40 CFR part 35.
    Prospective grant recipients seek funding to develop and coordinate
the implementation of Comprehensive Conservation Management Plans
(CCMPs) for estuaries of national significance. To receive funds,
grantees must submit annual work plans to EPA, which are used to track
performance of each of the 28 estuary program locations currently in
the NEP. EPA provides funding to the 28 NEPs to support long-term
implementation of CCMPs in the form of assistance agreements, and each
NEP is evaluated on its progress every five years. The primary purpose
of the program evaluation process is to help EPA determine whether the
28 programs included in the NEP are making adequate progress
implementing their CCMPs. EPA also requests that each of the 28 NEPs
receiving section 320 funds report annually on a number of performance
measures that allow EPA to maintain effective program management,
execute its fiduciary responsibility to the program, and summarize
environmental results achieved within the overall NEP. Information
gathered may be included in agency reports along with other EPA program
measures.
    The passage of the Infrastructure Investment and Jobs Act, also
known as Bipartisan Infrastructure Law (BIL), on November 15, 2021,
enhances the work of the NEPs with additional funding to accelerate and
more extensively implement CCMPs, ensure that benefits reach
disadvantaged communities, and build the adaptive capacity of
ecosystems and communities. As part of this expanded investment, the
NEP is also required to track certain investments and benefits under
the Justice40 Initiative (part II section 223 of 86 FR 7619, February
1, 2021), which will increase the overall burden estimates for this
renewal.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are those state or local entities or nongovernmental
organizations in the NEP that receive assistance agreements under
section 320 of the CWA.
    Respondent's obligation to respond: Required to obtain or retain a
benefit (section 320 of the CWA).
    Estimated number of respondents: 28 (total).
    Frequency of response: Annual.
    Total estimated burden: 5,360 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $319,724 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is likely an increase in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This increase is due to program evaluations taking place in the
next three years, compared to two years in the currently approved ICR.
Expanded reporting is expected under BIL, in addition to annual
appropriation reporting, as well as new requirements (i.e., NEP equity
strategies designed to meet expectations under the Justice40
Initiative). Note that these estimates will be updated in the final
Federal Register publication.

Brian Frazer,
Acting Director, Office of Wetlands, Oceans, and Watersheds, Office of
Water.
[FR Doc. 2022-28565 Filed 1-3-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Proposed Rules]
[Pages 55675-55679]
[FR Doc No: 2014-22149]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0627; Directorate Identifier 2013-NM-217-AD]
RIN 2120-AA64

Airworthiness Directives; Lockheed Martin Corporation/Lockheed
Martin Aeronautics Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2011-09-
03, which applies to all Lockheed Martin Corporation/Lockheed Martin
Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes. AD
2011-09-03 currently requires repetitive eddy current inspections to
detect cracks in the center wing upper and lower rainbow fittings, and
corrective actions if necessary; and repetitive replacement of rainbow
fittings, which would extend the repetitive interval for the next
inspection. Since we issued AD 2011-09-03, analysis of in-service
cracking has shown that a reduction in the inspection intervals is
necessary for the upper rainbow fittings. This proposed AD is intended
to complete certain mandated programs intended to support the airplane
reaching its limit of validity (LOV) of the engineering data that
support the established structural maintenance program. This proposed
AD would require reduced intervals for inspections of the upper rainbow
fittings. We are proposing this AD to detect and correct fatigue
cracking of the upper and lower rainbow fittings on the center wings,
which could grow large and lead to the failure of the fitting and a
catastrophic failure of the center wing.

DATES: We must receive comments on this proposed AD by November 3,
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb
Drive, Marietta, GA 30063; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton Washington 98057. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0627; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Carl Gray, Aerospace Engineer,
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office
(ACO), 1701 Columbia Avenue, College Park, Georgia 30337; phone: 404-
474-5554; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0627;
Directorate Identifier 2013-NM-217-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD 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 proposed AD.

Discussion

    On April 12, 2011, we issued AD 2011-09-03, Amendment 39-16665 (76
FR 22311, April 21, 2011), for all Lockheed Martin Corporation/Lockheed
Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G
airplanes. AD 2011-09-03 requires repetitive eddy current inspections
to detect cracks in the center wing upper and lower rainbow fittings,
and corrective actions if necessary; and repetitive replacements of
rainbow fittings, which would extend the repetitive interval for the
next inspection. AD 2011-09-03 resulted from reports of fatigue
cracking of the wing upper and lower rainbow fittings during durability
testing and on in-service airplanes. Analysis of in-service cracking
has shown that these rainbow fittings are susceptible to multiple site
fatigue damage. We issued AD 2011-09-03 to detect and correct such
fatigue cracks, which could grow large and lead to the failure of the
fitting and a catastrophic failure of the center wing.

Actions Since AD 2011-09-03, Amendment 39-16665 (76 FR 22311, April 21,
2011), Was Issued

    Since we issued AD 2011-09-03, Amendment 39-16665 (76 FR 22311,
April 21, 2011), analysis of in-service cracking has shown that the
initial and repetitive inspection schedules for the upper rainbow
fitting need to be revised to reduce the probability of failure until
the rainbow fitting is replaced.
    We have also revised paragraphs (i) and (k) of AD 2011-09-03,
Amendment 39-16665 (76 FR 22311, April 21, 2011) to clarify the rainbow
fitting is replaced with a new rainbow fitting, as specified in
Lockheed Service Bulletin 382-57-82, Revision 4, including Appendixes A
and B, dated May 20, 2009; and Lockheed Service Bulletin 382-57-82,
including Appendices A and B, Revision 6, dated July 11, 2013.

Relevant Service Information

    We reviewed Lockheed Service Bulletin 382-57-82, including
Appendices A, B, and C, Revision 6, dated July 11, 2013. The compliance
times are reduced, but the procedures are unchanged from those
described in Lockheed Service Bulletin 382-57-82, including Appendices
A, B, and C, dated April 25, 2008.

FAA's Determination

    We are proposing this AD because we 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.

Proposed AD Requirements

    This proposed AD would retain all of the requirements of AD 2011-
09-03, Amendment 39-16665 (76 FR 22311, April 21, 2011). This proposed
AD would reduce compliance times for initial and repetitive inspections
of the upper rainbow fitting.
    We have clarified the replacement process to more closely match the
intent of the service information to replace affected fittings with new
replacement fittings.

Differences Between This Proposed AD and the Service Information

    Where Lockheed Service Bulletin 382-57-82, including Appendices A,
B, and C, Revision 6, dated July 11, 2013, does not specify a
corrective action or states ``taking appropriate corrective action,''
this NPRM proposes to require repairing those conditions using a method
approved by the Manager, Atlanta Aircraft Certification Office, FAA.

Costs of Compliance

    We estimate that this proposed AD affects 14 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of upper and lower    20 work-hours x $85 per           (\1\)  $1,700, per         $23,800, per
 fitting [retained actions from   hour = $1,700 per                        inspection cycle.   inspection cycle.
 AD 2011[dash]09[dash]03,         inspection cycle.
 Amendment 39[dash]16665 (76 FR
 22311, April 21, 2011)].
Fitting replacement [retained    2,438 work-hours x $85          $40,000  $247,230, per       $3,461,220, per
 actions from AD                  per hour = $207,230                      replacement.        replacement.
 2011[dash]09[dash]03,            per replacement.
 Amendment 39[dash]16665 (76 FR
 22311, April 21, 2011)].
----------------------------------------------------------------------------------------------------------------
\(1)\ None.

    This proposed AD reduces the compliance times for the upper rainbow
fitting inspections and adds no additional economic burden.

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 have 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by removing Airworthiness Directive (AD) 2011-09-
03, Amendment 39-16665 (76 FR 22311, April 21, 2011), and adding the
following new AD:

Lockheed Martin Corporation/Lockheed Martin Aeronautics Company:
Docket No. FAA-2014-0627; Directorate Identifier 2013-NM-217-AD.

 (a) Comments Due Date

    The FAA must receive comments on this AD action by November 3,
2014.

(b) Affected ADs

    This AD replaces AD 2011-09-03, Amendment 39-16665 (76 FR 22311,
April 21, 2011.

(c) Applicability

    This AD applies to all Lockheed Martin Corporation/Lockheed
Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by an analysis of in-service cracking that
has shown that the rainbow fittings are susceptible to multiple site
fatigue damage. We are issuing this AD to detect and correct fatigue
cracking of the upper and lower rainbow fittings on the center
wings, which could grow large and lead to the failure of the fitting
and a catastrophic failure of the center wing.

(f) Compliance

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

(g) Retained Initial Inspections

    This paragraph restates the requirements of paragraph (g) of AD
2011-09-03, Amendment 39-16665 (76 FR 22311, April 21, 2011), with
revised service information. Except as required by paragraph (m) of
this AD, at the later of the times specified in paragraphs (g)(1)
and (g)(2) of this AD: Do eddy current inspections to detect
cracking of the center wing upper and lower rainbow fittings on the
left and right side of the airplane. Do the actions in accordance
with the Accomplishment Instructions of Lockheed Service Bulletin
382-57-82, Revision 4, including Appendixes A and B, dated May 20,
2009; or Lockheed Service Bulletin 382-57-82, including Appendices A
and B, Revision 6, dated July 11, 2013. If any crack is found during
the inspections required by this paragraph, before further flight,
do the actions required by paragraph (k) of this AD. Doing the
requirements of paragraph (m) of this AD terminates the requirements
of this paragraph for the affected upper rainbow fitting only. As of
the effective date of this AD, only use Lockheed Service Bulletin
382-57-82, including Appendices A and B, Revision 6, dated July 11,
2013, for accomplishing the actions specified in this paragraph.
    (1) Before the accumulation of 15,000 total flight hours on the
rainbow fitting.
    (2) Within 365 days or 600 flight hours on the rainbow fitting
after May 26, 2011, (the effective date of AD 2011-09-03, Amendment
39-16665 (76 FR 22311, April 21, 2011)), whichever occurs first.

(h) Retained Repetitive Inspection Schedule

    This paragraph restates the requirements of paragraph (h) of AD
2011-09-03, Amendment 39-16665 (76 FR 22311, April 21, 2011), with a
new exception. Except as required by paragraph (n) of this AD,
repeat the inspection required by paragraph (g) of this AD at
intervals not to exceed 3,600 flight hours on the center wing, until
the rainbow fitting has accumulated 30,000 total flight hours. If
any crack is found during the inspections required by paragraph (h)
of this AD, before further flight, do the actions required by
paragraph (k) of this AD. Doing

the requirements of paragraph (n) of this AD terminates the
requirements of this paragraph for the affected upper rainbow
fitting only.

(i) Retained Rainbow Fitting Replacements

    This paragraph restates the requirements of paragraph (i) of AD
2011-09-03, Amendment 39-16665 (76 FR 22311, April 21, 2011), with
revised service information. Before the accumulation of 30,000
flight hours on the rainbow fitting, or within 600 flight hours
after May 26, 2011, (the effective date of AD 2011-09-03, Amendment
39-16665 (76 FR 22311, April 21, 2011)), whichever occurs later:
Replace the rainbow fitting with a new rainbow fitting, do all
related investigative actions, and do all applicable corrective
actions, in accordance with paragraph 2.C. of the Accomplishment
Instructions of Lockheed Service Bulletin 382-57-82, Revision 4,
including Appendix C, dated May 20, 2009, except as required by
paragraph (l) of this AD; or Lockheed Service Bulletin 382-57-82,
including Appendix C, Revision 6, dated July 11, 2013, except as
required by paragraph (l) of this AD. Replace the rainbow fitting
thereafter at intervals not to exceed 30,000 flight hours. As of the
effective date of this AD, only use Lockheed Service Bulletin 382-
57-82, including Appendix C, Revision 6, dated July 11, 2013, for
accomplishing the actions specified in this paragraph.

(j) Retained Post-Replacement Repetitive Inspections

    This paragraph restates the requirements of paragraph (j) of AD
2011-09-03, Amendment 39-16665 (76 FR 22311, April 21, 2011), with a
new exception. For upper and lower rainbow fittings replaced in
accordance with paragraph (i) or (k) of this AD: Except as required
by paragraph (o) of this AD, do the eddy current inspections
specified in paragraph (g) of this AD within 15,000 flight hours
after doing the replacement and repeat the eddy current inspections
specified in paragraph (h) of this AD thereafter at intervals not to
exceed 3,600 flight hours until the rainbow fittings are replaced in
accordance with paragraph (i) or (k) of this AD. Doing the
requirements of paragraph (o) of this AD terminates the requirements
of this paragraph for the affected upper rainbow fitting only.

(k) Retained Replacement, Related Investigative Actions, and Corrective
Actions

    This paragraph restates the requirements of paragraph (k) of AD
2011-09-03, Amendment 39-16665 (76 FR 22311, April 21, 2011), with
revised service information and revised references to inspection
paragraphs. If, during any inspection required by paragraph (g),
(h), (m), or (n) of this AD, any crack is detected in the rainbow
fitting, before further flight, replace the rainbow fitting with a
new rainbow fitting, do all related investigative actions, and do
all applicable corrective actions, in accordance with Paragraph 2.C.
of the Accomplishment Instructions of Lockheed Service Bulletin 382-
57-82, Revision 4, including Appendix C, dated May 20, 2009, except
as provided by paragraph (l) of this AD; or Lockheed Service
Bulletin 382-57-82, including Appendix C, Revision 6, dated July 11,
2013, except as required by paragraph (l) of this AD. As of the
effective date of this AD, only use Lockheed Service Bulletin 382-
57-82, including Appendix C, Revision 6, dated July 11, 2013, for
accomplishing the actions specified in this paragraph.

(l) Retained Exceptions to Service Bulletin

    This paragraph restates the requirements of paragraph (l) of AD
2011-09-03, Amendment 39-16665 (76 FR 22311, April 21, 2011), with
revised service information. Where Lockheed Service Bulletin 382-57-
82, Revision 4, including Appendixes A, B, and C, dated May 20,
2009; or Lockheed Service Bulletin 382-57-82, including Appendices
A, B, and C, Revision 6, dated July 11, 2013; specifies to contact
the manufacturer for disposition of certain repair conditions or
does not specify corrective actions if certain conditions are found,
this AD requires repairing those conditions using a method approved
by the Manager, Atlanta Aircraft Certification Office (ACO), FAA.
For a repair method to be approved by the Manager, Atlanta ACO, as
required by this paragraph, the Manager's approval letter must
specifically refer to this AD.

(m) New Requirement: Reduced Initial Compliance Time for Upper Rainbow
Fittings

    At the applicable compliance time specified in paragraphs (m)(1)
and (m)(2) of this AD, do eddy current inspections to detect
cracking of the center wing upper rainbow fittings on the left and
right side of the airplane. Do the actions in accordance with the
Accomplishment Instructions of Lockheed Service Bulletin 382-57-82,
including Appendices A and B, Revision 6, dated July 11, 2013. If
any crack is found during the inspections required by this
paragraph, before further flight, do the actions required by
paragraph (k) of this AD. Doing the requirements of this paragraph
terminates the requirements of paragraph (g) of this AD for that
upper rainbow fitting only. Repeat the inspection at the interval
required by paragraph (n) of this AD.
    (1) For upper rainbow fittings that have accumulated less than
10,000 total flight hours as of the effective date of this AD, the
compliance time is at the later of the times in paragraphs (m)(1)(i)
and (m)(1)(ii) of this AD.
    (i) Before the accumulation of 10,000 total flight hours.
    (ii) Within 365 days or 600 flight hours after the effective
date of this AD, whichever occurs first.
    (2) For upper rainbow fittings that have accumulated 10,000
total flight hours or more, but less than 15,000 total flight hours
as of the effective date of this AD, the compliance time is the
earlier of the times specified in paragraphs (m)(2)(i) and
(m)(2)(ii) of this AD.
    (i) Within 365 days or 600 flight hours after the effective date
of this AD, whichever occurs first.
    (ii) Before the accumulation of 15,000 total flight hours on the
rainbow fitting.

(n) New Requirement: Reduced Repetitive Inspection Intervals

    For upper rainbow fittings on which the requirements of
paragraph (g), (h), or (m) of this AD were done, do the next
inspection at the earlier of the times required in paragraphs (n)(1)
and (n)(2) of this AD. Thereafter, repeat the inspection required by
paragraph (m) of this AD at intervals not to exceed 2,500 flight
hours until the upper rainbow fitting has accumulated 30,000 total
flight hours. If any crack is found during the inspections required
by this paragraph, before further flight, do the actions required by
paragraph (k) of this AD. Doing an inspection required by this
paragraph terminates the requirements of paragraph (h) of this AD
for the affected upper rainbow fitting only.
    (1) Within 3,600 flight hours since the last inspection done in
accordance with paragraph (g), (h), or (m) of this AD, whichever
occurs latest.
    (2) At the later of the times specified in paragraphs (n)(2)(i)
and (n)(2)(ii) of this AD.
    (i) Within 2,500 flight hours after the last inspection done in
accordance with paragraph (g), (h), or (m) of this AD, whichever
occurs latest.
    (ii) Within 365 days or 600 flight hours after the effective
date of this AD, whichever occurs first.

(o) New Requirement: Reduced Post-Replacement Repetitive Inspections

    For upper rainbow fittings replaced in accordance with paragraph
(i) or (k) of this AD, do the inspection required by paragraph (m)
of this AD at the earlier of the compliance times required in
paragraph (o)(1) and (o)(2) of this AD. Repeat the inspection
thereafter at intervals not to exceed 2,500 flight hours. Doing the
inspections required by this paragraph terminates the requirements
of paragraph (j) of this AD for the affected upper rainbow fitting
only.
    (1) At the later of the times in paragraphs (o)(1)(i) and
(o)(1)(ii) of this AD. (i) Within 10,000 total flight hours on the
upper rainbow fitting.
    (ii) Within 365 days or 600 flight hours after the effective
date of this AD, whichever occurs first.
    (2) Within 15,000 total flight hours on the upper rainbow
fitting.

(p) Credit for Previous Actions

    The service information identified in paragraphs (p)(1)(i),
(p)(1)(ii), (p)(1)(iii), (p)(2), and (p)(3) is not incorporated by
reference in this AD.
    (1) This paragraph provides credit for actions required by
paragraphs (g), (h), (i), (j), and (k) of this AD, if those actions
were performed before the effective date of this AD using the
service information identified in paragraphs (p)(1)(i), (p)(1)(ii),
and (p)(1)(iii) of this AD.
    (i) Lockheed Service Bulletin 382-57-82, including Appendices A
and B, dated December 7, 2004.
    (ii) Lockheed Service Bulletin 382-57-82, Revision 1, including
Appendices A and B, dated February 24, 2005.

    (iii) Lockheed Service Bulletin 382-57-82, Revision 2, including
Appendices A and B, dated February 15, 2007.
    (2) This paragraph restates paragraph (m) of AD 2011-09-03,
Amendment 39-16665 (76 FR 22311, April 21, 2011). This paragraph
provides credit for actions required by paragraphs (g), (h), (i),
(j), and (k) of this AD, if those actions were performed before May
26, 2011 (the effective date of AD 2011-09-03), using Lockheed
Service Bulletin 382-57-82, Revision 3, including Appendixes A, B,
and C, dated April 25, 2008.
    (3) This paragraph provides credit for actions required by
paragraphs (g), (h), (i), (j), (k), (m), (n), and (o) of this AD, if
those actions were performed before the effective date of this AD
using Lockheed Service Bulletin 382-57-82, including Appendices A,
B, and C, Revision 5, dated August 12, 2010.

(q) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta Aircraft Certification Office, 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 manager of the ACO, send it to the attention of the
person identified in paragraph (r)(2) of this AD.
    (2) 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.
    (3) AMOCs approved for AD 2011-09-03, Amendment 39-16665 (76 FR
22311, April 21, 2011), are approved as AMOCs for the corresponding
provisions of this AD.

(r) Related Information

    (1) For more information about this AD, contact Carl Gray,
Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft
Certification Office (ACO), 1701 Columbia Avenue, College Park,
Georgia 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For information about AMOCs, contact Hal Horsbough,
Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft
Certification Office (ACO), 1701 Columbia Avenue, College Park,
Georgia 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb
Drive, Marietta, GA 30063; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 9, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-22149 Filed 9-16-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24999-25003]
[FR Doc No: 2012-10028]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66841; File No. SR-OCC-2012-06]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change Relating to Revised DCO Rules

April 20, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 10, 2012, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I and II below, which items
have been prepared primarily by OCC. The Commission is publishing this
Notice and Order to solicit comments on the proposed rule change from
interested persons and to approve the proposed rule change on an
accelerated basis.
---------------------------------------------------------------------------

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

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

    The proposed rule change would ensure compliance with final
regulations of the Commodity Futures Trading Commission (``CFTC'')
applicable to derivatives clearing organizations (``DCOs'') that become
effective on May 7, 2012.

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

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

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

    The purposes of the proposed changes to OCC's By-Laws and Rules are
(a) to ensure compliance with certain regulations recently promulgated
by the CFTC that become effective on May 7, 2012, and (b) to put in
place a minor rule violation plan (``MRV Plan''), within the meaning of
Exchange Act

Rule 19d-1(c)(2).\3\ The CFTC's final regulations implement statutory
``core principles'' applicable to DCOs as those core principles were
amended by the Dodd-Frank Act.
---------------------------------------------------------------------------

    \3\ 17 CFR 240.19d-1(c)(2).
---------------------------------------------------------------------------

The Final DCO Regulations
    On October 18, 2011, the CFTC held an open meeting at which it
issued final regulations implementing many of the new statutory core
principles for DCOs enacted under the Dodd-Frank Act. On December 20,
2011, OCC filed a rule change implementing changes designed to bring it
into compliance with certain of these final regulations that went into
effect on January 9, 2012. This rule filing was approved by the
Commission on an accelerated basis on January 3, 2012.\4\ The majority
of the remaining regulations go into effect on May 7, 2012. While OCC
is already in compliance with most of the final regulations that go
into effect on May 7, 2012, OCC believes it appropriate to amend and
clarify certain of its rules to ensure compliance with the CFTC's rules
as described herein.
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 34-66081, 77 FR 1116 (January
9, 2012).
---------------------------------------------------------------------------

1. Clearing Members' Ability To Meet Clearing Fund Assessments
    Final CFTC Rule 39.11(d)(2)(i) states that a DCO must have rules
``requiring that its clearing members have the ability to meet an
assessment within the time frame of a normal end-of-day variation
settlement cycle.'' [Emphasis added.] While OCC By-Laws Article VIII,
Section 6 provides that ``whenever an amount is paid out of the
Clearing Fund contribution of a Clearing Member * * * such Clearing
Member shall be liable promptly to make good the deficiency in its
contribution resulting from such payment,'' it does not require that
clearing members have the ability to meet an assessment within any
particular time period. [Emphasis added.] OCC is therefore proposing
that Article VIII, Section 6 of OCC's By-Laws be amended to require
that each clearing member must have, and at all times maintain, the
ability to meet any clearing fund assessment by 9:00 a.m. Central Time
on the first business day following the day on which OCC notifies the
clearing member of such assessment. Additionally, OCC is proposing to
amend Article VIII, Section 7 of OCC's By-Laws to clarify when a
withdrawing clearing member is definitively deemed to no longer be a
clearing member and hence will no longer be subject to charges against
its clearing fund contribution or be obligated to make further
contributions.
2. Clearing Member Financial Resources Requirements
    CFTC Rule 39.12(a)(2)(i) states that a DCO must have participation
requirements that ``require clearing members to have access to
sufficient financial resources to meet obligations arising from
participation in the [DCO] in extreme but plausible market
conditions.'' [Emphasis added.] In order to avoid any doubt about OCC's
compliance with this rule, OCC is proposing to amend Interpretation and
Policy .01 of Article V, Section 1 of its By-Laws, add a new Rule
301(d), add an Interpretation and Policy .11 to Rule 305 and add an
Interpretation and Policy .02 to Rule 1102 to more closely address the
requirements of the referenced CFTC Rule.
3. Clearing Member Operational Capacity Requirements
    CFTC Rule 39.12(a)(3) requires a DCO to have participation
requirements that ``require clearing members to have adequate
operational capacity to meet obligations arising from participation in
the [DCO] * * * [that] include * * * the ability to process expected
volumes and values of transactions cleared by a clearing member within
required time frames, including at peak times and on peak days; the
ability to fulfill collateral, payment, and delivery obligations
imposed by the [DCO]; and the ability to participate in default
management activities under the rules of the [DCO] and in accordance
with [CFTC Rule 39.16].'' [Emphasis added.] OCC is proposing to amend
Article V, Section 1, Interpretation .02, add a new Rule 214(d), add a
new Interpretation and Policy .12 to Rule 305, and add new
Interpretation and Policy .02 to Rule 1102 to more closely address the
requirements of the referenced CFTC Rule. OCC is also proposing to add
a new Rule 214(c) to require clearing members to have adequate
personnel arrangement to ensure their ability to meet the requirements
of clearing membership, and to provide OCC with a list of such
personnel.
4. Clearing Member Reporting Requirements
    CFTC Rule 39.12(a)(5)(i) states that a DCO must ``require all
clearing members, including non-futures commission merchants, to
provide to the [DCO] periodic financial reports that contain any
financial information that the [DCO] determines is necessary to assess
whether participation requirements are being met on an ongoing basis.''
Further, under Rule 39.12(a)(5)(i)(B), a DCO must require non-FCM
clearing members to make these periodic financial reports available to
the CFTC upon request or, alternatively, a DCO may provide such
financial reports directly to the CFTC upon CFTC request. All of OCC's
non-FCM clearing members are either registered U.S. broker-dealers or
``non-U.S. Clearing Members'' subject to comparable regulation in their
home jurisdictions. OCC Rule 306 generally requires that financial
reports required to be filed pursuant to regulations applicable to such
clearing members also be filed with OCC, and Rule 306(b) requires non-
U.S. Clearing Members to file such financial reports with OCC at such
times as OCC may specify. OCC therefore believes that the financial
reports it currently receives from non-FCM clearing members fulfill the
requirement of Rule 39.12(a)(5)(i). However, in order to avoid any
doubt about OCC's compliance with this rule, OCC is proposing to add
language to Rule 306(a) to expressly provide that OCC may require
clearing members to make financial reports for the purpose of assessing
whether the clearing member is meeting OCC's participation requirements
on an ongoing basis. With respect to the requirement of Rule
39.12(a)(5)(i)(B), OCC has determined that, for the convenience of its
non-FCM clearing members, it will provide the financial reports filed
by them to the CFTC (upon the CFTC's request). OCC is proposing to
state this policy in a new Interpretation and Policy .03 to OCC Rule
306. OCC is also proposing to amend Interpretation and Policy .02 to
OCC Rule 306 to parallel the changes being proposed to Rule 306(a)
discussed above.
    CFTC Rule 39.12(a)(5)(ii) requires a DCO to adopt rules that
``require clearing members to provide to the [DCO], in a timely manner,
information that concerns any financial or business developments that
may materially affect the clearing members' ability to continue to
comply with participation requirements.'' While OCC Rule 215 already
requires a clearing member to give OCC prompt written notice of any
change of organization or ownership structure, and certain other OCC
Rules have notice requirements that address portions of this new
requirement, OCC is proposing to amend OCC Rule 215 to more closely
address the requirements of the referenced CFTC Rule, as well as to
expand the notice requirement in Rule 215(a)(4) to include changes in
clearing member's jurisdiction of organization or incorporation, in

addition to changes in name or form of business organization. OCC is
also proposing to adopt a specific schedule of fines for violation of
OCC Rule 215 and to amend Rule 209 to allow OCC to withdraw the amounts
of any fines payable in connection with a minor rule violation (as well
as any fine levied in connection with a disciplinary proceeding
pursuant to Chapter XII of the Rules), including a violation of Rule
215, from a clearing member's bank account, provided that the Clearing
Member has not timely contested such fines. The proposed schedule of
fines is based on a fine schedule that has been adopted by operating
subsidiaries of the Depository Trust & Clearing Corporation. As
proposed, fines for violation of amended Rule 215 would be between $300
and $1,500, depending on the number of violations within any rolling
24-month period and the first, second and third violations of Rule 215
would constitute ``minor rule violations'' (see below). The fourth such
violation would result in disciplinary action under Chapter XII of
OCC's Rules and would not constitute a minor rule violation. OCC
believes that adopting a specific schedule of fines will provide OCC
with greater ability to ensure compliance by clearing members.
    OCC is also proposing to amend Rule 202 to require its clearing
members to notify OCC of any changes to the representatives who are
authorized to act on behalf of the clearing member and to update their
certified lists of signatures.
5. Clearing Member Customer Initial Margin
    CFTC Rule 39.13(g)(8)(ii) states that a DCO must ``require its
clearing members to collect customer initial margin * * * from their
customers, for nonhedge positions, at a level that is greater than 100
percent of the [DCO's] initial margin requirements with respect to each
product and swap portfolio. The [DCO] shall have reasonable discretion
in determining the percentage by which customer initial margins must
exceed the [DCO's] initial margin requirements with respect to
particular products or swap portfolios.'' [Emphasis added.]
Additionally, CFTC Rule 39.13(g)(8)(iii) requires each DCO to ``require
its clearing members to ensure that their customers do not withdraw
funds from their accounts with such clearing members unless the net
liquidating value plus the margin deposits remaining in a customer's
account after such withdrawal are sufficient to meet the customer
initial margin requirements with respect to all products and swap
portfolios held in such customer's account which are cleared by the
[DCO].'' OCC is proposing to adopt a new Rule 602 (which had previously
been reserved) in order to implement the requirements of CFTC Rule
39.13(g)(8)(ii) and (iii).
6. Initial Margin--Pledged Assets
    CFTC Rule 39.13(g)(14) states that ``if a [DCO] permits its
clearing members to pledge assets for initial margin while retaining
such assets in accounts in the names of such clearing members, the
[DCO] shall ensure that such assets are unencumbered and that such
pledge has been validly created and validly perfected in the relevant
jurisdiction.'' While OCC Rule 604(b)(4)(ii) allows pledged assets to
be provided as margin under certain circumstances, OCC is proposing to
add a new Interpretation and Policy .07 to Rule 604 to explicitly state
that all assets pledged to OCC, for whatever purpose, must be free of
any lien or other encumbrance senior to OCC's lien. OCC does not
believe that this is a substantive amendment to its Rules, as OCC
already takes measures to ensure that its lien over assets provided as
initial margin is senior to all other liens or other encumbrances over
such assets. OCC is proposing this amendment in order to avoid any
doubt as to its compliance with the referenced CFTC Rule.
7. Clearing Member Risk Management Requirements
    CFTC Rule 39.13(h)(5)(i) requires a DCO to adopt rules that: ``(A)
require its clearing members to maintain current written risk
management policies and procedures, which address the risks that such
clearing members may pose to the [DCO]; (B) ensure that it has the
authority to request and obtain information and documents from its
clearing members regarding their risk management policies, procedures,
and practices, including, but not limited to, information and documents
relating to the liquidity of their financial resources and their
settlement procedures; and (C) require its clearing members to make
information and documents regarding their risk management policies,
procedures, and practices available to the [CFTC] upon [CFTC]
request.'' OCC is proposing to adopt a new Rule 311 entitled ``Clearing
Member Risk Management'' requiring clearing members to maintain risk
management policies and procedures meeting the requirements of CFTC
Rule 39.13(h)(5)(i)(A), granting OCC the authority to request and
obtain information and documents from clearing members regarding their
risk management policies, procedures and practices, and requiring
clearing members to make information and documents regarding their risk
management policies, procedures and practices available to the CFTC
upon its request.
8. Daily Settlements
    CFTC Rule 39.14(b) requires that a DCO ``effect a settlement with
each clearing member at least once each business day'' and that it
``have the authority and operational capacity to effect a settlement
with each clearing member, on an intraday basis, either routinely, when
thresholds specified by the DCO are breached, or in times of extreme
market volatility.'' OCC Rule 1301(c) provides OCC with the authority
to effect intraday settlements and Interpretation and Policy .01 of
Rule 1301 states OCC's policy of not requiring intraday variation
payments while reserving OCC's right to require such payments from time
to time as appropriate. However, for purposes of conforming OCC's Rules
more closely to the regulatory language, OCC is proposing to revise
Interpretation and Policy .01 of Rule 1301 to clarify that intraday
variation payments will not be required ``in the ordinary course'' and
to state that circumstances under which OCC may assert its right to
require intraday variation payments may include, but are not limited
to, breach of any threshold set by OCC or during times of extreme
market volatility.
9. Implementation of the MRV Plan
    In 1984, the SEC adopted amendments to Rule 19d-1(c) under the Act
\5\ that allow self-regulatory organizations to adopt, with SEC
approval, plans for the disposition of minor violations of rules.\6\
---------------------------------------------------------------------------

    \5\ 17 CFR 240.19d-1(c).
    \6\ See Exchange Act Release No. 21013 (June 1, 1984), 49 FR
23828 (June 8, 1984).
---------------------------------------------------------------------------

    OCC's rules currently give OCC the ability to censure, suspend,
expel or limit the activities, functions or operations of any Clearing
Member for any violation of OCC's By-Laws or Rules. OCC may also impose
fines on Clearing Members for such violations.\7\ OCC's Rules have not
historically distinguished between those violations of the Rules and
By-Laws that are minor and do not call for the full procedural regime
applicable to other violations and those that are not minor. With the
amendments being proposed to Rule 215, and the inclusion of a specific
fine schedule for violations of Rule 215, OCC now believes it is
appropriate to put in place an MRV Plan in Rule 1201(b) that

will meet the definition of a ``minor rule violation plan'' in Exchange
Act Rule 19d-1(c)(2).\8\ OCC will specify which violations of the By-
Laws or Rules will constitute minor rule violations. OCC currently
proposes to designate only a violation of Rule 215 as a minor rule
violation. A Clearing Member that wishes to contest a minor rule
violation may do so by providing written notice to OCC. Upon contesting
a minor rule violation, the violation will be deemed to no longer be a
minor rule violation and will be subject to the full provisions of
OCC's Chapter XII rules with respect to disciplinary proceedings,
including the procedures provided therein for answering charges levied
against a Clearing Member, which give Clearing Members the right to a
hearing and to be represented by counsel at such hearing. Verbatim
transcripts of any such hearing are prepared by OCC.
---------------------------------------------------------------------------

    \7\ See OCC Rule 1201.
    \8\ 17 CFR 240.19d-1(c)(2).
---------------------------------------------------------------------------

    Section 17A(b)(3)(G) of the Act \9\ requires that the rules of a
clearing agency provide that its members be appropriately disciplined
for violation of any provision of the rules of the clearing agency by
expulsion, suspension, limitation of activities, functions, and
operations, fine, censure, or any other fitting sanction. Section
17A(b)(3)(H) of the Act \10\ requires, among other things, that the
rules of a clearing agency, in general, provide a fair procedure with
respect to the disciplining of members. OCC believes that adopting an
MRV Plan furthers the statutory objective of providing a fair procedure
for disciplining Clearing Members, and will provide OCC with the
ability to impose a meaningful sanction for those rule violations that
do not necessarily rise to a level meriting a full disciplinary
proceeding under Chapter XII of the Rules. Accordingly, the proposed
changes promote the prompt and accurate clearance and settlement of
securities transactions and are therefore consistent with the
requirements of the Exchange Act and the rules and regulations
promulgated thereunder applicable to OCC.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1(b)(3)(G).
    \10\ 15 U.S.C. 78q-1(b)(3)(H).
---------------------------------------------------------------------------

10. Other Amendments
    Several of OCC's By-Laws and Rules include now-dated references to
the National Association of Securities Dealers, which OCC has corrected
to refer instead to the Financial Industry Regulatory Authority. In
addition, OCC Rule 307 includes references to a paragraph of Exchange
Act Rule 15c3-1 \11\ that, while correct when Rule 307 was adopted,
have since become incorrect due to the reorganization of that rule. OCC
is amending its By-Laws and Rules to correct the foregoing references.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.15c3-1.
---------------------------------------------------------------------------

    OCC believes the proposed changes are consistent with the
requirements of the Act. OCC, as a DCO, is required to implement the
proposed changes to comply with recent changes to CFTC regulations. OCC
notes that the policies of the CEA with respect to clearing are
comparable to a number of the policies underlying the Act, such as
promoting market transparency for derivatives markets, promoting the
prompt and accurate clearance of transactions, and protecting investors
and the public interest.

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

    OCC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    OCC has not solicited and does not intend to solicit comments
regarding this proposed rule change. OCC has not received any
unsolicited written comments from interested parties.

III. 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 may be submitted by using the
Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or send an email to<EMAIL_ADDRESS>Please include
File No. SR-OCC-2012-06 on the subject line.
     Paper comments should be sent 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-OCC-2012-06. 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 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 OCC and on OCC's Web
site at http://www.optionsclearing.com/components/docs/legal/rules_and_bylaws/sr_occ_12_06.pdf. 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-OCC-2012-06 and should be submitted on or before May 17,
2012.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    Section 19(b) of the Act \12\ directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. The Commission finds that the proposed rule change is
consistent with the requirements of the Act, in particular the
requirements of Section 17A of the Act, and the rules and regulations
thereunder applicable to OCC.\13\ Specifically, the Commission finds
that the proposed rule change is consistent with Section 17A(b)(3)(F)
of the Act which requires, among other things, that the rules of a
clearing agency be designed to assure the safeguarding of securities
and funds which are in the custody and control of the clearing agency
because the proposed rule change should allow OCC to better monitor the
financial status and risk management procedures of its clearing
members.\14\ In addition, the Commission finds that the proposed rule
change implementing a minor rule violation plan is consistent with the

requirements of Section 17A(b)(3)(G) of the Act, which requires that
the rules of a clearing agency provide that its members be
appropriately disciplined for violation of any provision of the rules
of the clearing agency by expulsion, suspension, limitation of
activities, functions, and operations, fine, censure, or any other
fitting sanction,\15\ as well as Section 17A(b)(3)(H) which, among
other things, requires that the rules of a clearing agency provide a
fair procedure with respect to the disciplining of participants.\16\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b).
    \13\ 15 U.S.C. 78q-1. In approving this proposed rule change,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78q-1(b)(3)(F).
    \15\ 15 U.S.C. 78q-1(b)(3)(G).
    \16\ 15 U.S.C. 78q-1(b)(3)(H).
---------------------------------------------------------------------------

    In its filing, OCC requested that the Commission approve this
proposed rule change on an accelerated basis for good cause shown. OCC
cites as the reason for this request OCC's operation as a DCO, which is
subject to regulation by the CFTC under the CEA. This rule change is
being made according to regulations promulgated by the CFTC, which were
previously subject to notice and comment. Not approving this request on
an accelerated basis would have a significant impact on OCC's
operations as a DCO.
    The Commission finds good cause for approving the proposed rule
change prior to the 30th day after the date of publication of notice in
the Federal Register because the proposed rule change allows OCC to
implement the regulations of another federal regulatory agency, the
CFTC, in accordance with those regulations' effective date.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-OCC-2012-06) is approved on an
accelerated basis.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-10028 Filed 4-25-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Rules and Regulations]
[Pages 12802-12804]
[FR Doc No: 2021-04340]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1111; Product Identifier MCAI-2020-01374-T;
Amendment 39-21442; AD 2021-04-20]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-24-
03, which applied to all Dassault Aviation Model Falcon 10 airplanes.
AD 2018-24-03 required revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
maintenance requirements and airworthiness limitations. This AD
requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations; as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective April 9, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 9,
2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 4, 2019 (83 FR 61523, November 30, 2018).

ADDRESSES: For EASA material incorporated by reference (IBR) in this
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 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. For Dassault Aviation service information
identified in this final rule, contact Dassault Falcon Jet Corporation,
Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone
201-440-6700; internet https://www.dassaultfalcon.com. You may view
this IBR material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-1111.

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-
1111; 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 final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

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

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0215, dated October 6, 2020
(EASA AD 2020-0215) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Dassault Aviation Model Falcon 10 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-24-03, Amendment 39-19507 (83 FR
61523, November 30, 2018) (AD 2018-24-03). AD 2018-24-03 applied to all
Dassault Aviation Model Falcon 10 airplanes. The NPRM published in the
Federal Register on December 7, 2020 (85 FR 78808). The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require revising the
existing maintenance or inspection program, as

applicable, to incorporate new or more restrictive airworthiness
limitations, as specified in EASA AD 2020-0215.
    The FAA is issuing this AD to address among other things, fatigue
cracking and damage in principal structural elements; such fatigue
cracking and damage could result in reduced structural integrity of the
airplane. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR part 51

    EASA AD 2020-0215 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
    This AD also requires Section 5-40-00, Airworthiness Limitations,
Revision 13, dated July 2017, of the Dassault Falcon 10 Maintenance
Manual, which the Director of the Federal Register approved for
incorporation by reference as of January 4, 2019 (83 FR 61523, November
30, 2018).
    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.

Costs of Compliance

    The FAA estimates that this AD affects 60 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2018-24-03 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. The FAA estimates the total cost per operator for the new
proposed actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    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 that this AD:
    (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.

Adoption of the Amendment

    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:
0
a. Removing Airworthiness Directive (AD) 2018-24-03, Amendment 39-19507
(83 FR 61523, November 30, 2018); and
0
b. Adding the following new AD:

2021-04-20 Dassault Aviation: Amendment 39-21442; Docket No. FAA-
2020-1111; Product Identifier MCAI-2020-01374-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 9, 2021.

(b) Affected ADs

    This AD replaces AD 2018-24-03, Amendment 39-19507 (83 FR 61523,
November 30, 2018) (AD 2018-24-03).

(c) Applicability

    This AD applies to all Dassault Aviation Model Falcon 10
airplanes, certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address, among other things, fatigue cracking and
damage in principal structural elements; such fatigue cracking and
damage could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, with No
Changes.

    This paragraph restates the requirements of paragraph (g) of AD
2018-24-03, with no changes. Within 90 days after January 4, 2019
(the effective date of AD 2018-24-03), revise the existing
maintenance or inspection program, as applicable, to incorporate
Section 5-40-00, Airworthiness Limitations, Revision 13, dated July
2017, of the Dassault Falcon 10 Maintenance Manual (Section 5-40-
00). The initial compliance time for accomplishing the actions is at
the applicable time specified in Section 5-40-00; or within 90 days
after January 4, 2019; whichever occurs later.

(h) Retained Restrictions on Alternative Actions and Intervals With a
New Exception.

    This paragraph restates the requirements of paragraph (h) of AD
2018-24-03, with a new exception. Except as required by paragraph

(i) of this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0215, dated October 6, 2020 (EASA AD 2020-0215). Accomplishing
the maintenance or inspection program revision required by this
paragraph terminates the requirements of paragraph (g) of this AD.

(j) Exceptions to EASA AD 2020-0215

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0215 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0215 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (3) of
EASA AD 2020-0215 within 90 days after the effective date of this
AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0215 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0215, or
within 90 days after the effective date of this AD, whichever occurs
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0215 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0215 does not apply
to this AD.

(k) New Provisions for Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (i) of this AD, no alternative actions (e.g.,
inspections) or intervals are allowed unless they are approved as
specified in the provisions of the ``Ref. Publications'' section of
EASA AD 2020-0215.

(l) Other FAA AD Provisions

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

(m) Related Information

    For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 9, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0215,
dated October 6, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
January 4, 2019 (83 FR 61523, November 30, 2018).
    (i) Section 5-40-00, Airworthiness Limitations, Revision 13,
dated July 2017, of the Dassault Falcon 10 Maintenance Manual.
    (ii) [Reserved]
    (5) For EASA AD 2020-0215, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 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.
    (6) For Dassault Aviation service information identified in this
AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O.
Box 2000, South Hackensack, NJ 07606; telephone<PHONE_NUMBER>;
internet https://www.dassaultfalcon.com.
    (7) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. 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-2020-1111.
    (8) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 11, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-04340 Filed 3-4-21; 8:45 am]
BILLING CODE 4910-13-P