[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Proposed Rules]
[Pages 54925-54927]
[FR Doc No: 2022-19265]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1055; Project Identifier AD-2022-00573-T]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Gulfstream Aerospace Corporation Model GVII-G500 and GVII-
G600 airplanes. This proposed AD was prompted by reports of two landing
incidents in which the alpha limiter engaged in the landing flare in
unstable air, resulting in high rate of descent landings and damage to
the airplanes. This proposed AD would require updating the flight
control computer (FCC) software. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 24,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1055; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Myles Jalalian, Aerospace Engineer,
Systems and Equipment Section, FAA, Atlanta ACO Branch, 1701 Columbia
Avenue, College Park, GA 30337; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1055; Project Identifier
AD-2022-00573-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Myles
Jalalian, Aerospace Engineer, Systems and Equipment Section, FAA,
Atlanta ACO Branch, 1701 Columbia Avenue, College Park, GA 30337;
phone:<PHONE_NUMBER>; email: [email protected]. Any commentary
that the FAA receives that is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Background

    The FAA has received a report indicating two landing incidents in
which the alpha limiter engaged in the landing flare in unstable air,
resulting in high rate of descent landings and damage to the airplanes.
These incidents occurred on Model GVII-G500 airplanes on February 6,
2020 and April 4, 2022. In both events, the angle of attack (AOA)
protection function (alpha limiter) of the FCC engaged and overrode the
pilot pitch control inputs which the flight control law erroneously
predicted would exceed the stall AOA. This resulted in a high rate of
descent landing on the runway. Additionally, the pilots in both events
had full aft-stick input when the aircraft contacted the runway, and
the full-up pitch control did not arrest the high rate of descent
landing.
    Based on analyses and investigations performed by the FAA and
Gulfstream, the root cause of the incidents was determined to be that
the flight control laws did not account for the types of

control inputs experienced on the February 6, 2020 and April 4, 2022
flights. The FCC incorrectly determined the airplane was about to
exceed the critical AOA, and therefore, the FCC limited the pilot's
ability to input sufficient pitch control to prevent a high rate of
descent landing. This condition, if not addressed, could limit pilot
pitch authority during a critical phase of flight near the ground, and
result in a high rate of descent landing with possible consequent loss
of control of the airplane.
    The FAA issued AD 2022-10-05, Amendment 39-22043 (87 FR 27494, May
9, 2022) (AD 2022-10-05), for all Gulfstream Aerospace Corporation
Model GVII-G500 and GVII-G600 airplanes. AD 2022-10-05 retains certain
airplane flight manual (AFM) revision requirements, and also adds and
replaces certain AFM sections with more restrictive limitations and
procedures. The agency issued AD 2022-10-05 to address inappropriate
alpha limiter engagement during the landing flare, which can limit
pilot pitch authority during a critical phase of flight near the
ground, and result in a high rate of descent landing with possible
consequent loss of control of the airplane on landing. The FAA
considered the requirements in AD 2022-10-05 an interim action to
address the unsafe condition identified after the two incidents. The
FAA has since determined that an update to the FCC software is also
needed to address the unsafe condition.

Relationship Between This Proposed AD and AD 2022-10-05

    This NPRM would not supersede AD 2022-10-05. Rather, the FAA has
determined that a stand-alone AD would be more appropriate to address
the changes in the FCC software. This NPRM would require updating the
FCC software. Accomplishment of the proposed action would then
terminate all of the requirements of AD 2022-10-05 for that airplane
only.

Explanation of the Compliance Time and the Applicability

    This proposed AD includes a compliance time that specifies a
calendar date. In determining this compliance time, the FAA conducted a
risk assessment, which indicated that all corrective actions must be
implemented in the affected fleet no later than April 30, 2023 in order
to remain within acceptable risk guidelines.
    Additionally, this proposed AD includes an applicability of
Gulfstream Aerospace Corporation Model GVII-G500 and GVII-G600
airplanes with certain FCC software installed. Only airplanes with this
affected FCC software need to apply the update. All in-service
airplanes currently have this affected FCC software. The affected
software part numbers are identified by the Gulfstream Aerospace
Corporation part numbers.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require updating the FCC software. This
proposed AD would also terminate all of the requirements of AD 2022-10-
05 for that airplane only.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 120 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Software update.......................  6 work-hours x $85 per                $0            $510         $61,200
                                         hour = $510.
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Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Gulfstream Aerospace Corporation: Docket No. FAA-2022-1055; Project
Identifier AD-2022-00573-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 24, 2022.

(b) Affected ADs

    This AD affects AD 2022-10-05, Amendment 39-22043 (87 FR 27494,
May 9, 2022).

(c) Applicability

    This AD applies to Gulfstream Aerospace Corporation Model GVII-
G500 and GVII-G600 airplanes, certificated in any category, with
flight control computer (FCC) software revisions installed as
specified in figure 1 to paragraph (c) of this AD.
[GRAPHIC] [TIFF OMITTED] TP08SE22.011

    Note 1 to paragraph (c): The FCC software label, which
identifies the software revision installed, can be found on the face
of the FCC module. The FCC modules are installed within the left and
right electronic equipment racks. The labels may be viewed by
opening the rack doors and removing 4 screws per FCC (8 screws total
per airplane) from the FCC cover.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Unsafe Condition

    This AD was prompted by reports of two landing incidents where
the alpha limiter engaged in the landing flare in unstable air while
on the approach and caused high rate of descent landings and damage
to the airplane. The FAA is issuing this AD to address inappropriate
alpha limiter engagement during the landing flare, which can limit
pilot pitch authority during a critical phase of flight near the
ground, and result in a high rate of descent landing with possible
consequent loss of control of the airplane.

(f) Compliance

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

(g) Software Update

    No later than April 30, 2023, update the FCC software in
accordance with a method approved by the Manager, Atlanta ACO
Branch, FAA.

(h) Terminating Action for AD 2022-10-05

    Accomplishing the software update required by paragraph (g) of
this AD on an airplane terminates all requirements of AD 2022-10-05,
for that airplane only.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO 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 manager of
the certification office, send it to the attention of the person
identified in paragraph (j) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.

(j) Related Information

    For more information about this AD, contact Myles Jalalian,
Aerospace Engineer, Systems and Equipment Section, FAA, Atlanta ACO
Branch, 1701 Columbia Avenue, College Park, GA 30337; phone: 404-
474-5572; email: [email protected].

    Issued on August 15, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-19265 Filed 9-7-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54824-54827]
[FR Doc No: 2011-22490]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65213; File No. SR-FICC-2011-05]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change To Amend the Rules Regarding the
GCF Repo Service To Adopt Changes Recommended by the Tri-Party Repo
Infrastructure Reform Task Force

August 29, 2011.

I. Introduction

    On July 12, 2011, the Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-FICC-2011-05 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'').\1\ The proposed rule
change was published for comment in the Federal Register on July 29,
2011.\2\ The Commission received no comment letters. For the reasons
discussed below, the Commission is granting approval of the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 34-64955 (July 25,
2011), 76 FR 45638 (July 29, 2011).
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II. Description

    This rule change will make certain changes to its GCF Repo[supreg]
\3\ service in order to comply with the recommendations made by the
Tri-Party Repo Infrastructure Reform Task Force (``TPR''), an industry
group formed and sponsored by the Federal Reserve Bank of New York.\4\
Because the GCF Repo service operates as a tri-party repo mechanism,
FICC is incorporating changes to the GCF Repo service to align the
service with the other TPR recommended changes for the overall tri-
party repo market.
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    \3\ GCF Repo is a registered trademark of FICC/DTCC.
    \4\ The main purpose of the TPR is to develop recommendations to
address the risk presented by tri-party repo transactions due to the
current morning reversal or ``unwind'' process and to move to a
process by which tri-party repo transactions are collateralized all
day. Currently, tri-party repo transactions unwind in the morning
between 7 a.m. and 8 a.m. E.S.T. The GSD Schedule of GCF Timeframes
provides that the unwind of GCF Repo transactions (both overnight
and term) must be accomplished by 7:30 a.m. The TPR has mandated
that the collateral used in tri-party repo and GCF Repo transactions
be ``locked up'' until 3:30 p.m. E.S.T. This would serve to reduce
the intraday exposure to the dealers that the clearing banks
currently face with the start of daily unwind.
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    FICC will initially implement the changes described herein in a
pilot program (``Pilot Program''). FICC will run the Pilot Program for
one year starting from the date of this Commission approval. If FICC
wishes to extend the Pilot Program or to implement the changes in the
Pilot Program permanently, FICC shall submit a proposed rule change
filing to the Commission for that purpose.

A. Background: Description of the GCF Repo Service and History

(1) Creation of the GCF Repo Service
    The GCF Repo service allows GSD dealer members to trade general
collateral repos \5\ throughout the day without requiring intra-day,
trade-for-trade settlement on a delivery-versus-payment (DVP) basis.
The service allows the dealers to trade such general collateral repos,
based on rate and term, throughout the day with inter-dealer broker
netting members on a blind basis. Standardized, generic CUSIP numbers
have been established exclusively for GCF Repo processing and are used
to specify the acceptable type of underlying Fedwire book-entry
eligible collateral, which includes Treasuries,

Agencies and certain mortgage-backed securities.\6\
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    \5\ A general collateral repo is a repo in which the underlying
securities collateral is nonspecific, general collateral whose
identification is at the option of the seller. This is in contrast
to a specific collateral repo.
    \6\ In 2009, the Commission approved FICC rule filing 2009-04 to
add debt securities issued under the Debt Guaranty Program component
of the Federal Deposit Insurance Corporation's (the ``FDIC's'')
Temporary Liquidity Guarantee Program (the ``TLGP'') to the GCF Repo
service. See Securities Exchange Act Release No. 34-58696
(September, 30, 2008), 73 FR 58698 (October 7, 2008). The TLGP, one
of the steps taken by the U.S. Government to stabilize the credit
markets and stimulate lending, was designed to allow banks to issue
FDIC-insured debt, ensuring that the banks would be able to roll
over any debt coming due in the coming months. The guarantee
consists of timely payment of principal and interest. The expiration
of the FDIC's guarantee is the earlier of either the maturity date
of the issued debt or June 2012.
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    The GCF Repo service was developed as part of a collaborative
effort among the Government Securities Clearing Corporation (``GSCC'')
(FICC's predecessor), its two clearing banks (The Bank of New York
Mellon (``BNY'') and JPMorgan Chase Bank, National Association
(``Chase'')), and industry representatives. GSCC introduced the GCF
Repo service on an intra-clearing bank basis in 1998.\7\ Under the
intrabank service, dealers could only engage in GCF Repo transactions
with other dealers that cleared at the same clearing bank.
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    \7\ See Securities Exchange Act Release No. 34-40623 (October
30, 1998), 63 FR 59831 (November 5, 1998).
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(2) Creation of the Interbank Version of the GCF Repo Service
    In 1999, GSCC expanded the GCF Repo service to permit dealer
participants to engage in GCF Repo trading on an interbank basis,
meaning that dealers using different clearing banks could enter into
GCF Repo transactions (on a blind brokered basis).\8\ Because dealer
members that participate in the GCF Repo service do not all clear at
the same clearing bank, introducing the service as an interbank service
necessitated the establishment of a mechanism to permit after-hours
movements of securities between the two clearing banks to deal with the
fact that GSCC would likely have unbalanced net GCF securities and cash
positions within each clearing bank (that is, it is likely that at the
end of GCF Repo processing each business day, the dealers in one
clearing bank will be net funds borrowers, while the dealers at the
other clearing bank will be net funds lenders). To address this issue,
GSCC and its clearing banks established, and the Commission approved, a
legal mechanism by which securities would ``move'' across the clearing
banks without the use of the Fedwire Securities Service (``Fedwire
Securities'').\9\ (Movements of cash do not present the same issue
because the Fedwire Funds Service (``Fedwire Funds'') is open later
than Fedwire Securities). Therefore, at the end of the day, after the
GCF net results are produced, securities are pledged via a tri-party-
like mechanism and the interbank cash component is moved via Fedwire
Funds. In the morning, the pledges are unwound; that is, funds are
returned to the net funds lenders and securities are returned to the
net funds borrowers.
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    \8\ See Securities Exchange Act Release No. 34-41303 (April 16,
1999), 64 FR 20346 (April 26, 1999).
    \9\ See Id. for a detailed description of the clearing bank and
FICC accounts needed to effect the after-hour movement of
securities.
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(3) Issues With Morning Unwind Process
    In 2003, FICC shifted the GCF Repo service back to intrabank status
only.\10\ By that time, the service had grown significantly in
participation and volume. However, with the increase in use of the
interbank service, certain payments systems risk issues arose from the
interbank funds settlements related to the service, namely, the large
interbank funds movement in the morning. FICC shifted the service back
to intrabank status to enable management to study the issues presented
and identify a satisfactory solution for bringing the service back to
interbank status.
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    \10\ See Securities Exchange Act Release No. 34-48006 (June 10,
2003), 68 FR 35745 (June 16, 2003).
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(4) The NFE Filing and Restoration of Service to Interbank Status
    In 2007, FICC submitted to the Commission a proposed rule change to
address the issues raised by the interbank morning funds movement and
return the GCF Repo service to interbank status (``2007 NFE
Filing'').\11\ The 2007 NFE Filing addressed these issues by using a
hold against a dealer's ``net free equity'' (``NFE'') at the clearing
bank to collateralize its GCF Repo cash obligation to FICC on an
intraday basis.\12\
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    \11\ See Securities Exchange Act Release No. 34-57652 (April 11,
2008), 73 FR 20999 (April 17, 2008).
    \12\ NFE is a methodology that clearing banks use to determine
whether an account holder (such as a dealer) has sufficient
collateral to enter into a specific transaction. NFE allows the
clearing bank to place a limit on its customer's activity by
calculating a value on the customer's balances at the bank. Bank
customers have the ability to monitor their NFE balance throughout
the day.
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    The 2007 NFE Filing replaced the Day 2 morning unwind process with
an alternate process, which is currently in effect. Specifically, in
lieu of making funds payments, the interbank dealers grant to FICC a
security interest in their NFE-related collateral equal to their
prorated share of the total interbank funds amount. FICC, in turn,
grants to the other clearing bank (that was due to receive the funds) a
security interest in the NFE-related collateral to support the debit in
the FICC account at the clearing bank. The debit in the FICC account
occurs because the dealers who are due to receive funds in the morning
must receive those funds at that time in return for their release of
collateral. The debit in the FICC account at the clearing bank gets
satisfied during the end of day GCF Repo settlement process.
Specifically, that day's new activity yields a new interbank funds
amount that will move at end of day--however, this amount gets netted
with the amount that would have been due in the morning, thus further
reducing the interbank funds movement. The NFE holds are released when
the interbank funds movement is made at end of day. The 2007 NFE Filing
did not involve any changes to the after-hours movement of securities
occurring at the end of the day on Day 1.
    As part of the 2007 NFE Filing, FICC imposed certain additional
risk management measures with respect to the GCF Repo service. First,
FICC imposed a collateral premium (``GCF Premium Charge'') on the GCF
Repo portion of the Clearing Fund deposits of all GCF participants to
further protect FICC in the event of an intra-day default of a GCF Repo
participant. FICC requires GCF Repo participants to submit a quarterly
``snapshot'' of their holdings by asset type to enable risk management
staff to determine the appropriate GCF Premium Charge. As with all
other instances of late submissions of required information, members
who do not submit this required information by the deadlines
established by FICC are subject to a fine and an increased Clearing
Fund premium.
    Second, the 2007 NFE Filing addressed the situation where FICC
becomes concerned about the volume of interbank GCF Repo activity. Such
a concern might arise, for example, if market events were to cause
dealers to turn to the GCF Repo service for increased funding at levels
beyond normal processing. The 2007 NFE Filing provides FICC with the
discretion to institute risk mitigation and appropriate disincentive
measures in order to bring GCF Repo levels to a comfortable level from
a risk management perspective.\13\
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    \13\ Specifically, the 2007 NFE Filing introduced the term ``GCF
Repo Event,'' which will be declared by FICC if either of the
following occurs: (i) The GCF interbank funds amount exceeds five
times the average interbank funds amount over the previous ninety
days for three consecutive days; or (ii) the GCF interbank funds
amount exceeds fifty percent of the amount of GCF Repo collateral
pledged for three consecutive days. FICC reviews these figures on a
semi-annual basis to determine whether they remain adequate. FICC
also has the right to declare a GCF Repo Event in any other
circumstances where it is concerned about GCF Repo volumes and
believes it is necessary to declare a GCF Repo Event in order to
protect itself and its members. FICC will inform its members about
the declaration of the GCF Repo Event via important notice. FICC
will also inform the Commission about the declaration of the GCF
Repo Event.

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B. Changes to the GCF Repo Service To Implement the TPR's
Recommendations

    FICC is adopting the following rule changes with respect to the GCF
Repo service to address the TPR's Recommendations:
    (1)(a) To move the Day 2 unwind from 7:30 a.m. to 3:30 p.m.; (b) to
move the NFE process \14\ from morning to a time established by FICC as
announced by notice to all members; \15\ (c) to move the cut-off time
of GCF Repo submissions from 3:35 p.m. to 3 p.m.; and (d) to move the
cut-off time for dealer affirmation or disaffirmation from 3:45 p.m. to
3 p.m.; and
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    \14\ No other changes are being made to the NFE process that was
in place by the 2007 NFE Filing; the risk management measures that
were put in place by the 2007 NFE Filing remain in place.
    \15\ The time range initially is between 8 a.m. and 1 p.m.
---------------------------------------------------------------------------

    (2) To establish rules for intraday GCF Repo collateral
substitutions.\16\
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    \16\ Only cash substitutions will be permitted for interbank GCF
Repo transactions, as discussed in more detail below.
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(1) Change Regarding the Morning Unwind and Related Rule Changes
    The TPR has recommended that the Day 2 unwind for all tri-party
transactions are moved from the morning to 3:30 p.m. The TPR has made
this recommendation in order to reduce the clearing banks' intraday
exposure to the dealers. As previously stated, because the GCF Repo
service is essentially a tri-party repo mechanism, FICC has also been
requested by the TPR to accommodate this time change. For the GSD
rules, this necessitates a change to the GSD's ``Schedule of GCF
Timeframes'' (``Schedule''). Specifically, the 7:30 a.m. time in the
Schedule is deleted and the language therein is moved to a new time of
3:30 p.m.
    The change to the time of the intrabank unwind also necessitates a
change to the cut-off time for GCF Repo trade submissions, which is
currently 3:35 p.m. in the Schedule. FICC is amending the Schedule to
change the cut-off time to 3:00 p.m. to allow FICC to submit files to
the clearing banks which, in turn, will provide files to the dealers by
3:30 p.m. As a result, dealers should have a complete picture of their
positions as the unwind occurs at 3:30 p.m. The 3:45 p.m. cutoff for
dealer affirmation or disaffirmation is moved to 3 p.m. so that the new
3 p.m. cutoff for submissions is also the cutoff for dealer
affirmations and disaffirmations.\17\
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    \17\ This change updates the current Schedule to provide that
the cutoff for submissions and dealer affirmations/disaffirmations
is at the same time, which is consistent with. current practice.
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    Because the Day 2 unwind is moving from the morning to 3:30 p.m.
and because the NFE process established by the 2007 NFE Filing is tied
to the moment of the interbank unwind, the NFE process will also move
to the time established by FICC as announced by notice to all members.
This range will be between 8 a.m. and 1 p.m. Because the NFE process is
a legal process and not an operational process, it is not reflected on
the Schedule. FICC is deleting the reference to the ``morning''
timeframe on Day 2 with respect to the NFE process in Section 3 of Rule
20 and adding language referencing ``at the time established by the
Corporation.''
(2) Change Regarding Intraday GCF Repo Securities Collateral
Substitutions
    As a result of the time change of the unwind (i.e., the reversal on
Day 2 of collateral allocations established by FICC for each netting
member's GCF net funds borrower positions and GCF net funds lender
positions on Day 1 to 3:30 p.m., the provider of GCF Repo securities
collateral in a GCF Repo transaction on Day 1 will no longer have
access to such securities at the beginning of Day 2. Therefore, during
Day 2 prior to the unwind of the Day 1 collateral allocations, the
provider of GCF Repo securities collateral needs a substitution
mechanism for the return of its posted GCF Repo securities collateral
in order to utilize such securities in its business activities. FICC is
establishing a substitution process for this purpose in conjunction
with its clearing banks. The language for the substitution mechanism is
being added to Section 3 of GSD Rule 20. The rule change provides that
all requests for substitution for the GCF Repo securities collateral
must be submitted by the provider of the GCF Repo securities collateral
by the applicable deadline on Day 2 (``Substitution Deadline'').\18\
---------------------------------------------------------------------------

    \18\ FICC will establish such deadline prior to the
implementation of the changes to this service in conjunction with
the clearing banks and the Federal Reserve in light of market
circumstances. The initial substitution deadline is anticipated to
be 1 p.m.; however, this will be finalized with the Federal Reserve
and the clearing banks. The time range will be between 8 a.m. and 1
p.m. FICC will provide members advanced notice of the substitution
deadline and any future changes thereto by important notice.
---------------------------------------------------------------------------

(3) Substitutions on Intrabank GCF Repos
    If the GCF Repo transaction is between dealer counterparties
effecting the transaction through the same clearing bank, on Day 2 such
clearing bank will process each substitution request of the provider of
GCF Repo securities collateral submitted prior to the substitution
deadline promptly upon receipt of such request. The return of the GCF
Repo securities collateral in exchange for cash and/or eligible
securities of equivalent value can be accomplished by simple debits and
credits to the accounts of the GCF Repo dealer counterparties at the
clearing bank. Eligible securities for this purpose will be the same as
those currently permitted under the GSD rules for collateral
allocations, namely, (i) Comparable Securities,\19\ (ii) Other
Acceptable Securities,\20\ or (iii) U.S. Treasury bills, notes or bonds
maturing in a time frame no greater than that of the securities that
have been traded (except where such traded securities are U.S. Treasury
bills, substitution may be with Comparable Securities and/or cash
only).
---------------------------------------------------------------------------

    \19\ GSD Rule 1 defines ``Comparable Securities'' as follows:
The term ``Comparable Securities'' means, with respect to a security
or securities that are represented by a particular Generic CUSIP
Number, any other security or securities that are represented by the
same Generic CUSIP Number. Fixed Income Clearing Corporation,
Government Securities Division Rulebook, Rule 1--Definitions.
    \20\ GSD Rule 1 defines ``Other Acceptable Securities'' as
follows:
    The term ``Other Acceptable Securities'' means, with respect to:
    (an) adjustable-rate mortgage-backed security or securities
issued by Ginnie Mae, any fixed-rate mortgage-backed security or
securities issued by Ginnie Mae, or (an) adjustable-rate mortgage-
backed security or securities issued by either Fannie Mae or Freddie
Mac: (a) Any fixed-rate mortgage-backed security or securities
issued by Fannie Mae and Freddie Mac, (b) any fixed-rate mortgage-
backed security or securities issued by Ginnie Mae, or (c) any
adjustable-rate mortgage-backed security or securities issued by
Ginnie Mae. Fixed Income Clearing Corporation, Government Securities
Division Rulebook, Rule 1--Definitions.
---------------------------------------------------------------------------

(4) Substitutions on Interbank GCF Repos
    For a GCF Repo that was processed on an interbank basis and to
accommodate a potential substitution request, FICC will initiate a
debit of the securities in the account of the lender through the FICC
GCF Repo accounts at the clearing bank of the lender and the FICC GCF
Repo account at the clearing bank of the borrower (``Interbank
Movement''). This Interbank Movement is being done so that a borrower
who elects to substitute

collateral will have access to the collateral for which it is
substituting. The Interbank Movement is expected to occur in the
morning, though the clearing banks and FICC have the capability to have
the Interbank Movement occur at any point during the day up until 2:30
p.m. The agreed upon final timeframe will be determined as between FICC
and the clearing banks prior to the implementation date of the Pilot
Program. During the Pilot Program, FICC and the clearing banks will
unwind the intrabank GCF Repo transactions at 3:30 p.m. FICC and the
clearing banks will determine the most appropriate timeframe for the
Interbank Movement process to occur.
    On Day 2, GCF Repo securities collateral will be debited from the
securities account of the receiver of the collateral at its clearing
bank, and from a FICC account at the same clearing bank. If a
substitution request is received by the clearing bank of the provider
of GCF Repo securities collateral prior to the substitution deadline at
a time specified in FICC's procedures,\21\ that clearing bank will
process the substitution request by releasing the GCF Repo securities
collateral from the FICC GCF Repo account at such clearing bank and
crediting it to the account of the provider of GCF Repo securities
collateral. All cash substituted for the GCF Repo securities collateral
being released will be credited to FICC's GCF Repo account at the
clearing bank of the provider of GCF Repo securities collateral.
---------------------------------------------------------------------------

    \21\ This timeframe will also be established in consultation
with the clearing banks and the Federal Reserve. The parties are
considering whether to have the substitution process be accomplished
in two batches during the day depending upon the time of submission
of the notifications for substitution. In any event, substitution
requests will be subject to the substitution deadline. The details
of the batches, if applied, will be announced to members by
important notice. The deadline for submission of GCF Repo
substitution requests will be the same for intrabank and interbank
processing.
---------------------------------------------------------------------------

    Simultaneously, with the debit of the GCF Repo securities
collateral from the account at the clearing bank of the original
receiver of GCF Repo securities collateral, such clearing bank will
effect a cash debit equal to the value of the securities collateral in
FICC's GCF Repo account at such clearing bank and will credit the
account of the original receiver of securities collateral at such
clearing bank with such cash amount in order to make payment to the
original receiver of securities collateral. (This is because when the
original receiver of securities collateral is debited the securities,
it must receive the funds.) In order to secure FICC's obligation to
repay the balance in FICC's GCF Repo account at the clearing bank of
the original receiver of GCF Repo securities collateral, FICC will
grant to such clearing bank a security interest in the cash substituted
for the GCF securities collateral in FICC's GCF repo account at the
other clearing bank.
    For substitutions that occur with respect to GCF Repo transactions
that were processed on an interbank basis, FICC and the clearing banks
will initially only permit cash substitutions in order to accommodate
current processing systems. In the future, as systems are upgraded,
FICC may permit securities substitutions in the same way as described
above for GCF Repo transactions occurring on the intra-bank basis. If
interbank securities substitutions are permitted, FICC will announce
this to members by important notice.

C. Other rule changes

    FICC is also making technical changes to Section 7 of GSD Rule 20,
which relate to the GCF Repo collateral process. Specifically, FICC is
changing reference to the defined term ``Security'' to ``security'' to
conform to the use of ``security'' throughout the rule. The rule change
also introduces a term that previously had not been included in the
rules inadvertently, ``GCF Collateral Excess Account.'' This term is
defined as ``the account established by a GCF Custodian Bank in the
name of the Corporation to hold securities it credits to the GCF
Securities Account the Corporation establishes for another GCF Clearing
Bank.''

III. Discussion

    Section 17A(b)(3)(F) of the Act \22\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of security transactions and
assure the safeguarding of securities and funds which are in the
custody or control of such clearing agency or for which it is
responsible.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Because the proposed rule change aligns the GCF Repo service with
recommendations being made by the TPR to address risks in the overall
tri-party repo market, it will promote the prompt and accurate
clearance and settlement of security transactions and assure the
safeguarding of securities and funds which are in the custody or
control of FICC or for which it is responsible, and therefore is
consistent with the requirements of Section 17A(b)(3)(F) of the Act.
The proposed rule change is not inconsistent with the existing rules of
FICC, including any other rules proposed to be amended.

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \23\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\24\ that the proposed rule change (File No. SR-FICC-2011-05) be,
and hereby is, approved.\25\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).
    \25\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\26\
Elizabeth M. Murphy,
Secretary.
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2011-22490 Filed 9-1-11; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM
From: 	Brian Storey, OAR/OAQPS/SPPD/MMG
To: 	PERC Dry Cleaning NESHAP Docket (Docket ID No. EPA-HQ-OAR-2005-0155)
Date:	May 5, 2021
--------------------------------------------------------------------------------
Subject: April 29, 2021 Conference Call with the State of New York Representatives
On April 29, 2021 EPA held a conference call with representatives from the State of New York to discuss the National Emission Standards for Hazardous Air Pollutants from PERC Dry Cleaning Facilities (Dry Cleaning NESHAP).  The following people participated in the call:
Ed Horick, NYDEP
Nick Onderdonk-Milne, NYDEP
Brian Storey, Project Lead
Ryan Callihan, Economist
Rhonda Wright, CTPG
Steven McLeod, RTI
The following information was shared with the group on the call regarding Ney York State's management of dry-cleaning facilities.
    General decline in dry cleaning businesses, mainly due to customer habits, some also due to landlord pressures about having perc dry cleaning on their properties. These businesses are difficult to relocate (customer bases)
    NYFD have codes more stringent that national standards. Makes it difficult to site alternative solvent machines (particularly hydrocarbon machines)
    In 2006 there were approximately 1,500 facilities in the State.  Currently there are 1,200 facilities statewide (with more than half being in NY City)
    150 co-located residential facilities have been shut down since the 2006 rule. NY updated their rule in 2018 to include co-located residential facility phase out (no perc in co-located residential after 12/21/2020). Some co-located residential are yet to be inactivated in the database (so the 1,200 facilities is likely more than what's actually in operation, inspection verifications in progress)
    In NY if someone wants to relocate a perc machine it must be <10 years and be a stand-alone location on a property owned by the operator
    Used to only require major facilities to test end of cycle concentrations in the drum, now every perc machine owner must do monthly sampling if 4[th] generation machine (with colorimetric detector tube sampler or photo ionization detector).
 Older generations cannot do this type of testing.
 300 ppm in drum is the limit
    Yearly compliance inspections done by third-parties (which are funded by the regulated facilities)
    No 3[rd] generation machines allowed after 12/31/2021. In 2017 there were ~20 3[rd] generation machines. Currently have eight (these will be gone by the end of 2021).
    Have seen no breakthrough changes in design that would limit emissions since mid-2000s (last technology review)
    The typical price for perchloroethylene (perc) in the State is $27 per gallon.
    Decommissioning of a perc machine ~$1.5k, removing ~$6k, and ~$27k minimum for a new perc machine. Alternative solvent machines generally costs more (in NYC fire protection sprinkler systems required for flammable alternative solvents).
    In some instances, transitioning to alternative solvents has met some restrictions due to fire protection requirements to meet fire codes.  This is specifically true when switching to high flash point hydrocarbons.
    New York performs analyses on alternative solvents and maintains an approved alternative solvent list.
    New machines must have statement of compliance for the machine model under consideration for install.
    Are not aware of any 5[th] generation (door lock out mechanism until cycle ends) in NY from inspection findings. Are aware the German manufacturer produces these.
    N-propyl bromide (1-BP) is not allowed as dry cleaning solvent in NY due to toxicity
    It is estimated that there are 1 or 2 major sources (industrial cleaners) under the Dry Cleaning NESHAP in the State. But none are major based on perc solely.
    The State recommends dry cleaners attend a 16-hour training class.
    To operate a perc dry cleaning facility in NY, the owner or manager must have a valid Owner/Manager certificate. To operate a perc dry cleaning machine, the operator must have a valid Operator certificate.


OMB Control No. xxxx-xxxx

Home Performance with ENERGY STAR

Program Plan Template

Use this Program Plan Template to develop an implementation plan.  EPA and DOE are available to help answer questions and provide guidance.  Consult our HPwES Sponsor Fact sheet and Sponsor Guide for detailed guidance.  Fill out and submit your Program Plan with a signed HPwES Partnership Agreement.  Please allow HPwES two weeks to review your plan. Once your plan is approved you will be listed on our website and receive an email with My Energy Star Account (MESA) instructions to access our in-kind supporting material. We reserve the right to decline sponsorship if we feel there is inadequate resources and planning to initiate a HPwES program, and will strategically advise you to what needs to be addressed.

Program Sponsor

	Organization Type	State Government	City or county Government

Public Utility	Non-Profit Organization

 (chartered by state to implement energy efficiency programs)

	(	(	(	(

Budget

Source of funding	System Benefit Charge	Grant	Rate Recovery	Other

	(	(	(	(

Provide background information about the source

	Budget Category (in $)	Pilot Phase*	Year1	Year 2	Year 3	Year 4	Year 5

Management	$	$	$	$	$	$

Program Development	$	$	$	$	$	$

Contractor Recruitment	$	$	$	$	$	$

Training/Certification	$	$	$	$	$	$

Mentoring	$	$	$	$	$	$

Marketing	$	$	$	$	$	$

Contractor Job Incentives	$	$	$	$	$	$

Homeowner Incentives	$	$	$	$	$	$

Infield Inspections (QA)	$	$	$	$	$	$

Evaluation	$	$	$	$	$	$

Total	$	$	$	$	$	$

What goals do you plan to achieve?

Contractor Participation Goal (# contractors)

Job Completion Goal (# of jobs)

Electric Savings Goal (kWh)

Peak Electric Savings Goal (kW)

Natural Gas Savings Goal (therms)

What metropolitan area or service territory will be served by the program?

	Why did you decide to partner with ENERGY STAR to sponsor a HPwES program?

What current or past residential energy efficiency programs have been implemented in this market? By whom?

What is the average electricity and natural gas rate?  	Electricity

	< 8 cents/kWh	8-10 cents/kWh	>10 cents/kWh

(	(	(

	Natural Gas

	< 1.25 $/therm	1.2 5– 1.75 $/therm	>1.75 $/therm

(	(	(

PROGRAM DELIVERY

What elements of the program will be implemented by the program sponsor or implementation partners?

Implementing Partners	Organization Name

Group A

	Group B

	Group C

	Group D

	Program Elements	Sponsor	Implementation Partners

Contractor Participation

Recruitment

Training

Certification

Mentoring

Group A	Group B	Group C	Group D

	(	(	(	(	(

	(	(	(	(	(

	(	(	(	(	(

	(	(	(	(	(

Consumer Financing	(	(	(	(	(

Consumer Awareness/Marketing	(	(	(	(	(

Quality Assurance	(	(	(	(	(

Program Evaluation	(	(	(	(	(

What is your schedule for implementing the program?

Schedule

Activity	Year 1	Year 2	Year 3	Year 4	Year 5

	Quarter	Quarter	Quarter	Quarter	Quarter

	1	2	3	4 	1	2	3	4	1	2	3	4	1	2	3	4	1	2	3	4

Identify/recruit contractors

Train/equip contractors

Launch marketing campaign

Implement quality assurance protocols

Implement results tracking

Explore program expansion

Program Evaluation

Which contractor delivery model will you emphasize?  	Contractor (       Consultant (         Hybrid (          Other  ( (explain)

What groups, if any will be targeted / excluded? (e.g. income qualified, utility customers, city residents)

Please explain how you plan to recruit contractors to participate in the program.

Attach a copy of the protocols contractors will follow to complete a comprehensive energy audit. This should include a description of any mandatory test-in and test-out procedures (e.g., blower door and combustion safety testing) as well as a summary of test-in and test-out forms, reports or other materials that are required to comply with your program’s guidelines.

Attach a copy of your contractor participation agreement.

What software or other method will be used to estimate energy savings?

QUALITY ASSURANCE

Explain the steps you plan to take to ensure participating contractors deliver comprehensive energy audits and install quality improvements.

How will contractors report their program activity?

Will you offer an incentive for contractor reporting and if so, please explain?

How will completed jobs be reviewed (file and in-field)?

How will customer satisfaction be measured?

How will you help contractors represent the Home Performance with ENERGY STAR program accurately (e.g., homes are not qualified ENERGY STAR homes, and contractors are not certified by EPA or DOE)?  How will you evaluate their actions?

Attach a process diagram showing how contractors that fail to meet program standards will be identified, monitored, re-trained, sanctioned, or removed from the program.

MARKETING STRATEGY

What is the name of the program?

	What is the proposed URL for the program web site?

	What marketing strategies will you employ to increase consumer awareness of HPwES?

Attach examples you plan to use, if developed.

Attach example of homeowner certificate, if planned.

What incentives (including financing) will you offer to motivate consumers to participate?

How will you measure consumer demand for the program (e.g., number of calls, number of website visitors, duration of website visits)?

Please attach a copy of your plan for managing consumer inquiries about the program (e.g., workflow to handle calls and emails).

EPA Form 5900-186

The government estimates the average time needed to fill out this form is 31 hours and welcomes suggestions for reducing this effort. Send comments (referencing OMB Control Number) to the Director, Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.


[Federal Register: September 25, 2009 (Volume 74, Number 185)]
[Proposed Rules]
[Page 48870-48872]
[DOCID:fr25se09-21]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0776; Directorate Identifier 2009-NE-32-AD]
RIN 2120-AA64

Airworthiness Directives; Dowty Propellers R408/6-123-F/17 Model
Propellers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as: Friction or contact between a propeller de-ice bus bar
and the backplate assembly can cause failure of the bus bar and a
consequent intermittent short circuit. Such a short circuit can cause a
dual AC generator shutdown that, particularly in conjunction with an
engine failure in icing conditions, could result in reduced
controllability of the airplane.
    We are proposing this AD to prevent an in-flight double generator
failure, which could result in reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by October 26,
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Contact Dowty Propellers, Anson Business Park, Cheltenham Road
East, Gloucester GL 29QN, UK; telephone: 44 (0) 1452 716000; fax: 44
(0) 1452 716001, for the service information identified in this
proposed AD.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://

www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
the same as the Mail address provided in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Terry Fahr, Aerospace Engineer, Boston
Aircraft Certification Office, FAA, Engine and Propeller Directorate,
12 New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0776;
Directorate Identifier 2009-NE-32-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive AD 2009-0114, dated May 28, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Friction or contact between a propeller de-ice bus bar and the
backplate assembly can cause failure of the bus bar and a consequent
intermittent short circuit. Such a short circuit can cause a dual AC
generator shutdown that, particularly in conjunction with an engine
failure in icing conditions, could result in reduced controllability
of the airplane.
    For the reason described above, this AD requires initial and
repetitive application of sealant between the propeller bus bar
assemblies and the backplate assembly.

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

Relevant Service Information

    Dowty Propellers has issued Service Bulletin No. D8400-61-66,
Revision 1, dated May 4, 2007. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This propeller has been approved by the aviation authority of the
United Kingdom and is approved for operation in the United States.
Pursuant to our bilateral agreement with the United Kingdom, they have
notified us of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other propellers
of the same type design. This proposed AD would require initial
applications of sealant between the bus bar assembly and the backplate
assembly of line-replaceable units (LRU) serial numbers (SNs) below
DAP0347, and repetitive applications of sealant on all R408/6-123-F/17
model propellers.

Differences Between This AD and the Service Information

    We have reviewed the related service information and, in general,
agree with its substance, which gives instructions on performing a one-
time application of sealant for R408/6-123-F/17 model propellers with a
hub, actuator, and backplate assembly LRU SNs below DAP0347. However,
we have found it necessary to also require repetitive applications of
sealant for all R408/6-123-F/17 model propellers, the same as the MCAI.
This difference is described in a separate paragraph of the proposed
AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 104 propellers installed on airplanes of U.S.
registry. We also estimate that it would take about 2 work-hours per
propeller to comply with this proposed AD. The average labor rate is
$80 per work-hour. Required parts would cost about $20 per propeller.
Based on these figures, we estimate the cost of the proposed AD on U.S.
operators to be $18,720.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

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

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

Sec.  39.13  [Amended]

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

Dowty Propellers (formerly Dowty Aerospace; Dowty Rotol Limited; and
Dowty Rotol): Docket No. FAA-2009-0776; Directorate Identifier 2009-
NE-32-AD.

Comments Due Date

    (a) We must receive comments by October 26, 2009.

Affected Airworthiness Directives (ADs)

    (b) None.

Applicability

    (c) This AD applies to Dowty Propellers R408/6-123-F/17 model
propellers. These propellers are installed on, but not limited to,
Bombardier, Inc. (formerly de Havilland Canada) models DHC-8-400,
DHC-8-401, and DHC-8-402 series airplanes.

Reason

    (d) This AD results from mandatory continuing airworthiness
information (MCAI) issued by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. We are issuing this AD to prevent an in-flight double
generator failure, which could result in reduced controllability of
the airplane.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) For R408/6-123-F/17 model propellers with a hub, actuator,
and backplate assembly line-replaceable unit (LRU) SNs below
DAP0347, do the following initial sealant application within 5,000
flight hours (FH) after the effective date of this AD:
    (i) Apply sealant between the bus bar assemblies and the
backplate assembly.
    (ii) Use paragraph 3 of the Accomplishment Instructions of Dowty
Propellers Service Bulletin No. D8400-61-66, Revision 1, dated May
4, 2007, to do the sealant application.
    (2) Thereafter, for all R408/6-123-F/17 model propellers, re-
apply sealant as specified in paragraphs (e)(1)(i) through
(e)(1)(ii) within every additional 10,000 FH.

Installation Prohibition

    (3) After modification of all propellers on an airplane as
required by paragraph (e)(1) of this AD, do not install any Dowty
R408/6-123-F/17 propeller on that airplane unless sealant has been
applied between the bus bar assemblies and the backplate assembly of
that propeller using the requirements of this AD.

FAA AD Differences

    (f) Dowty Propellers Service Bulletin No. D8400-61-66, Revision
1, dated May 4, 2007, requires a one-time application of sealant for
R408/6-123-F/17 model propellers with a hub, actuator, and backplate
assembly LRU SNs below DAP0347. However, this AD and the MCAI
require repetitive applications of sealant for all R408/6-123-F/17
model propellers.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Boston Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Related Information

    (h) Refer to EASA AD 2009-0114, dated May 28, 2009, and Dowty
Propellers Service Bulletin No. D8400-61-66, Revision 1, dated May
4, 2007, for related information. Contact Dowty Propellers, Anson
Business Park, Cheltenham Road East, Gloucester GL 29QN, UK;
telephone: 44 (0) 1452 716000; fax: 44 (0) 1452 716001, for a copy
of this service information.
    (i) Contact Terry Fahr, Aerospace Engineer, Boston Aircraft
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>,
for more information about this AD.

    Issued in Burlington, MA, on September 21, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-23209 Filed 9-24-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Page 11553]
[FR Doc No: 2016-04695]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-999-000]

Greenleaf Energy Unit 1 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
Greenleaf Energy Unit 1 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 16, 2016.
    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 should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: February 25, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-04695 Filed 3-3-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Page 71388]
[FR Doc No: 2022-25425]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96337; File No. 10-239]

24X National Exchange LLC; Notice of Filing of Amendment No. 2 to
an Application for Registration as a National Securities Exchange Under
Section 6 of the Securities Exchange Act of 1934

November 17, 2022.
    On March 25, 2022, 24X National Exchange LLC (``24X'') filed with
the Securities and Exchange Commission (``Commission'') a Form 1
application under the Securities Exchange Act of 1934 (``Act'') seeking
registration as a national securities exchange under Section 6 of the
Act.\1\ Notice of the application was published for comment in the
Federal Register on June 6, 2022.\2\ The Commission received three
comment letters on 24X's Initial Form 1 Application and a letter from
24X responding to these comment letters.\3\ On September 1, 2022, the
Commission instituted proceedings pursuant to Section 19(a)(1)(B) of
the Act \4\ to determine whether to grant or deny 24X's application for
registration as a national securities exchange under Section 6 of the
Act (the ``OIP'').\5\ The Commission received one comment letter in
response to the OIP,\6\ and a letter in response to the OIP from
24X.\7\ On October 21, 2022, 24X filed an amendment to its Initial Form
1 Application (``Amendment No. 1'').\8\ Notice of Amendment No. 1 was
published for comment in the Federal Register on November 9, 2022.\9\
On November 10, 2022, 24X filed a second amendment to its Initial Form
1 Application (``Amendment No. 2'').\10\ The Commission is publishing
this notice in order to solicit views of interested persons on 24X's
Initial Form 1 Application, as amended by Amendment No. 1 and Amendment
No. 2.
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    \1\ 15 U.S.C. 78f.
    \2\ See Securities Exchange Act Release No. 95007 (May 31,
2022), 87 FR 34333 (June 6, 2022) (``Initial Form 1 Application'').
    \3\ The public comment file for 24X's Form 1 application (File
No. 10-239) is available on the Commission's website at: https://www.sec.gov/comments/10-239/10-239.htm.
    \4\ 15 U.S.C. 78s(a)(1)(B).
    \5\ See Securities Exchange Act Release No. 95651 (Sept. 1,
2022), 87 FR 54736 (Sept. 7, 2022).
    \6\ See letter from Brian Hyndman, President and Chief Executive
Officer, Blue Ocean ATS, LLC, dated Sept. 28, 2022, to Vanessa A.
Countryman, Secretary, Commission.
    \7\ See letter from James M. Brady, Katten Muchin Rosenman LLP,
outside counsel for 24X National Exchange LLC, dated Oct. 18, 2022,
to Vanessa A. Countryman, Secretary, Commission.
    \8\ Amendment No. 1 is available on the Commission's website at:
https://www.sec.gov/rules/other/2022/24x/24x-form-1.htm.
    \9\ See Securities Exchange Act Release No. 96218 (Nov. 3,
2022), 87 FR 67725 (Nov. 9, 2022).
    \10\ Amendment No. 2 is available on the Commission's website
at: https://www.sec.gov/rules/other/2022/24x/24x-form-1.htm.
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I. Description of 24X's Proposed Trading System

    24X proposes to operate a fully automated electronic trading
platform for the trading of listed NMS stocks pursuant to unlisted
trading privileges.\11\ 24X would not maintain a physical trading
floor.\12\ 24X proposes to allow trading in NMS stocks 24 hours a day,
7 days per week, 365 days a year.\13\ 24X proposes specific rules to
govern trading during regular trading hours \14\ as well as trading
outside of regular trading hours.\15\
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    \11\ See Exhibit E, as amended by 24X's Amendment No. 1, at 1,
4.
    \12\ Id. at 1.
    \13\ See proposed 24X Rule 11.1 (describing the hours of trading
and trading days for 24X).
    \14\ Regulation NMS Rule 600(b)(77) defines ``regular trading
hours'' as ``the time between 9:30 a.m. and 4:00 p.m. Eastern Time .
. .'' 24X proposes to define four different trading sessions. See
proposed 24X Rules 1.5(b), defining the ``24X Market Session'';
1.5(k) defining the ``Core Market Session''; 1.5(v) defining the
``Post-market Session''; and 1.5(w) defining the ``Pre-Market
Session''.
    \15\ See e.g., proposed 24X Rule 11.16 (describing what orders
are eligible for execution outside of regular trading hours).
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II. Amendment No. 2 to 24X's Initial Form 1 Application

    In Amendment No. 2, 24X proposes certain changes to the Amended and
Restated Limited Liability Company Operating Agreement of 24X Bermuda
Holdings LLC, \16\ as well as to the Member Nominating Committee
Charter.\17\
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    \16\ See Exhibits C and C-2, as amended by 24X's Amendment No.
2.
    \17\ See Exhibit J-3, as amended by 24X's Amendment No. 2.
---------------------------------------------------------------------------

III. Request for Written Comment

    The Commission requests that interested persons provide written
views and data with respect to 24X's Initial Form 1 Application, as
amended by Amendment No. 1 and Amendment No. 2. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number 10-239 on the subject line.

Paper Comments

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

All submissions should refer to File Number 10-239. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's internet website (http://www.sec.gov/rules/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to 24X's Initial Form 1 Application, as amended
by Amendment No. 1 and Amendment No. 2, filed with the Commission, and
all written communications relating to the application between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from submissions. You should submit only
information that you wish to make publicly available.
    All submissions should refer to File Number 10-239 and should be
submitted on or before December 13, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(71)(ii).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-25425 Filed 11-21-22; 8:45 am]
BILLING CODE 8011-01-P