[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76724-76726]
[FR Doc No: 2015-31064]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76556; File No. SR-FINRA-2015-053]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Rule 7620A Relating to FINRA/Nasdaq Trade
Reporting Facility Fees

December 4, 2015.
    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 November 25, 2015, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as ``establishing or changing a
due, fee or other charge'' under Section 19(b)(3)(A)(ii) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon receipt of this filing by the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 7620A to modify certain fees
applicable to members that use the FINRA/Nasdaq Trade Reporting
Facility (the ``FINRA/Nasdaq TRF'').
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
Background
    The FINRA/Nasdaq TRF is a facility of FINRA that is operated by
Nasdaq, Inc. (``NASDAQ'') \5\ and utilizes Automated Confirmation
Transaction (``ACT'') Service technology. In connection with the
establishment of the FINRA/Nasdaq TRF, FINRA and NASDAQ entered into a
limited liability company agreement (the ``LLC Agreement''). Under the
LLC Agreement, FINRA, the ``SRO Member,'' has sole regulatory
responsibility for the FINRA/Nasdaq TRF. NASDAQ, the ``Business
Member,'' is primarily responsible for the management of the FINRA/
Nasdaq TRF's business affairs, including establishing pricing for use
of the FINRA/Nasdaq TRF, to the extent those affairs are not
inconsistent with the regulatory and oversight functions of FINRA.
Additionally, the Business Member is obligated to pay the cost of
regulation and is entitled to the profits and losses, if any, derived
from the operation of the FINRA/Nasdaq TRF.
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    \5\ As approved by its board of directors and the Commission,
effective September 8, 2015, NASDAQ changed its legal name from The
NASDAQ OMX Group, Inc. to Nasdaq, Inc. See Nasdaq, Inc. Form 8-K
Current Report (filed September 8, 2015) (available at www.sec.gov/Archives/edgar/data/1120193/000119312515314459/d48431d8k.htm).
    FINRA and NASDAQ are in the process of amending the LLC
Agreement to reflect the name change, and FINRA will file a separate
proposed rule change to update the FINRA manual accordingly.
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    Pursuant to the FINRA Rule 7600A Series, FINRA members that are
FINRA/Nasdaq TRF participants are charged fees and may qualify for fee
caps (Rule 7620A) and also may qualify for revenue sharing payments for
trade reporting to the FINRA/Nasdaq TRF (Rule 7610A). These rules are
administered by NASDAQ, in its capacity as the Business Member and
operator of the FINRA/Nasdaq TRF on behalf of FINRA,\6\ and NASDAQ
collects all fees on behalf of the FINRA/Nasdaq TRF.
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    \6\ FINRA's oversight of this function performed by the Business
Member is conducted through a recurring assessment and review of TRF
operations by an outside independent audit firm.
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    Pursuant to Rule 7620A, FINRA members are charged fees for ``Non-
Comparison/Accept (Non-Match/Compare)'' trades. Such trades are defined
as transactions that are not subject to the ACT Comparison process, and
they may be submitted as media or non-media,\7\ clearing or non-
clearing, AGU (automated give-up), QSR (Qualified Service
Representative), one-sided or internalized crosses.\8\ Under the fee
schedule there are four categories of fees, each of which is applicable
to transactions of the three Tapes: \9\ (1) Media/Executing Party; (2)

Non-Media/Executing Party; (3) Media/Contra; (4) Non-Media/Contra.\10\
Each fee category is subject to a monthly fee cap, which is based on
the average daily volume of reports submitted to a particular Tape. To
be eligible for a cap in a particular Tape, a member must achieve a
minimum average daily volume of 2,500 media reports submitted to that
Tape as Executing Party in a given month. Trade reports in which the
member appears as the Contra Party do not contribute to the achievement
of the cap. However, if a member is eligible for a cap based on media
trade reports in which it appears as the Executing Party, then caps
also would apply to media reports in which that member appears as the
Contra Party, as well as to non-media reports where the member appears
as Executing Party or Contra Party. Thus, once a member achieves a cap,
the maximum number of billable trade reports applicable to each fee
category is 2,500 for Tape A, B or C.
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    \7\ Media eligible trade reports are those that are submitted to
the FINRA/Nasdaq TRF for public dissemination by the Securities
Information Processors. By contrast, non-media trade reports are not
submitted to the FINRA/Nasdaq TRF for public dissemination, but are
submitted for regulatory and/or clearance and settlement purposes.
    \8\ See FINRA Rule 7620A.01.
    \9\ Market data is transmitted to three tapes based on the
listing venue of the security: New York Stock Exchange securities
(``Tape A''), American Stock Exchange and regional exchange
securities (``Tape B''), and Nasdaq Stock Market securities (``Tape
C''). Tape A and Tape B are generally referred to as the
Consolidated Tape.
    \10\ Pursuant to the rule's Supplementary Material, the
``Executing Party (EP)'' is defined as the member with the trade
reporting obligation under FINRA rules, and the ``Contra (CP)'' is
defined as the member on the contra side of a trade report. These
positions formerly were identified in FINRA rules as the ``Market
Maker'' or ``MM'' side and the ``Order Entry'' or ``OE'' side,
respectively. See FINRA Rule 7620A.01.
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    Under the current fee cap, a FINRA member that does not conduct a
business whereby it is the Executing Party does not have the
opportunity to receive a fee cap. Currently, FINRA members are charged
Media/Contra fees of $0.013 multiplied by the number of Media/Contra
Reports during the month. Similarly, FINRA members are charged Non-
Media/Contra fees of $0.013 multiplied by the number of Non-Media/
Contra Reports during the month. If a FINRA member is eligible under
the existing cap, the maximum monthly charge is $0.013 multiplied by
2,500 (for Tape A, B or C) multiplied by number of trading days in a
month. Without the proposed fee cap, a FINRA member that does not
conduct a business whereby it is the Executing Party may significantly
exceed the cap limit.
    Consequently, NASDAQ, as the Business Member, has determined to
provide an alternative monthly fee cap of $5,000 per Tape (A, B or C)
applied to trades in each fee category. Eligibility for the new fee cap
is based on a FINRA member's trade reporting of Media/Contra trades to
the TRF and its participation on an alternative trading system
registered pursuant to Regulation ATS \11\ (an ``ATS'') as a market
maker. Specifically, the FINRA member must make markets on an ATS by
maintaining a two-sided quote. FINRA members must complete and provide
a form to NASDAQ, in which the FINRA member attests that it maintains
two-sided quotes for each security that the FINRA member maintains
interest in within each ATS and that it displays a quotation size of at
least one normal unit of trading (specific for each security).\12\ The
FINRA member must also attest that it will continue to meet the ATS-
based requirements to be eligible for the fee cap.\13\ In addition, to
qualify a FINRA member must have its Contra/Media trades equal, or
exceed, 55% of its total FINRA/Nasdaq TRF volume. Lastly, the FINRA
member must be contra to a minimum of 1 million trades in Tape A,
500,000 trades in Tape C, and 250,000 trades in Tape B to qualify for
the fee cap in the securities of the Tapes, respectively. NASDAQ, as
the Business Member, has set the required level of trades reported for
each of the Tapes based on the differing levels of overall trades
reported to the FINRA/Nasdaq TRF as Contra Party.
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    \11\ 17 CFR 242.300-303.
    \12\ The form of attestation that firms will be required to
submit to NASDAQ under the proposed rule change is attached to this
filing as Exhibit 3.
    \13\ NASDAQ will audit FINRA members that choose to participate
to ensure compliance with the attestation.
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    Although the proposed fee cap is a ``flat'' cap set at $5,000 and
the existing fee cap is based on a calculation, they are comparable in
terms of the limitation of total fees paid. For example, a member that
qualifies under the existing fee cap would pay no more than $3,565 per
month in the securities of a single Tape for trade reports (depending
on the total number of days in the month).\14\ A member qualifying
under the proposed Media/Contra-based fee cap would pay no more than
$5,000 per month in the securities of a single Tape.\15\
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    \14\ This upper limit is calculated based on $0.018 x 23 trading
days x 2,500 = $1,035 plus $0.018 x 23 trading days x 2,500 = $1,035
plus $0.013 x 23 trading days x 2,500 = $747.50 plus $0.013 x 23
trading days x 2500 = $747.50. Adding these totals for each category
(i.e., Media/Executing Party, Non-Media Executing Party, Media/
Contra, and Non-Media/Contra) results in fee a cap of $3,565.
    \15\ A FINRA member that qualifies for the lower cap would, by
default, never reach the proposed cap.
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    NASDAQ, as the Business Member, has designed the proposed fee cap
to make pricing more competitive to attract and retain participants on
the FINRA/Nasdaq TRF. NASDAQ also has determined to introduce the
proposed fee cap in recognition of a new kind of trading behavior that
has emerged in the marketplace. Specifically, some firms that act as
market makers route orders to an ATS for execution within the ATS. Such
market makers may have trade volume reported to the FINRA/Nasdaq TRF;
however, these executions would not qualify the market maker for a fee
cap under the existing rules because the ATS is the Executing Party on
the trades. Accordingly, FINRA, as the SRO Member, is proposing to
amend Rule 7620A to reflect the proposed new Media/Contra fee cap.
    FINRA has filed the proposed rule change for immediate
effectiveness. The effective date will be the date of filing.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(5) of the Act,\16\ which requires, among
other things, that FINRA rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that FINRA operates or
controls. FINRA members that do not conduct a significant business as
an Executing Party (and thus never reach the 2,500 daily average number
of Media/Executing Party trades in any of the Tapes) cannot qualify for
a fee cap under current rules, and as such, some of these members may
pay higher trade reporting fees than members that conduct a significant
business as an Executing Party and thus currently qualify for a cap on
their trade reporting fees. Furthermore, FINRA members that would pay
higher trade reporting fees under the current fee schedule may elect to
report their trades to a competing TRF (or, in this instance, a market
maker may elect to route its orders to an ATS that reports to a
competing TRF). Consequently, NASDAQ, as the Business Member, has
advised FINRA that providing an opportunity for certain Contra Parties
to qualify for the new fee cap, based on certain levels of market
participation and types of activities (i.e., market making), is a more
equitable allocation of fees. NASDAQ, as the Business Member, has
advised FINRA that because the fee cap levels were chosen relative to
the current fee caps for Executing Parties, the proposed rule change
may bring the fees paid by Contra Parties that would qualify for the
proposed cap more in line with the fees paid by Executing Parties that
currently qualify for the existing cap.\17\

Accordingly, the proposed fee cap more equitably allocates the fees
assessed to members for their use of the FINRA/Nasdaq TRF.
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    \16\ 15 U.S.C. 78o-3(b)(5).
    \17\ As noted above, a member that qualifies under the existing
fee cap would pay no more than $3,565 per month in the securities of
a single Tape, while a member that qualifies under the proposed
Contra fee cap would pay no more than $5,000 per month in the
securities of a single Tape.
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    The proposed fee cap is available to all FINRA members that use the
FINRA/Nasdaq TRF and meet the threshold requirements to qualify for the
terms of the fee cap. While only some Contra Parties will qualify for
the proposed cap and thus see a reduction in their FINRA/Nasdaq TRF
trade reporting fees, NASDAQ, as the Business Member, has advised FINRA
that the proposed cap is not unfairly discriminatory because the
proposed fee cap will most benefit those Contra Parties that have
significant volume on the FINRA/Nasdaq TRF. These Contra Parties
currently may pay larger trade reporting fees than firms with
comparable Executing Party volume that qualify for the current fee
cap.\18\ As noted above, FINRA members that are not subject to capped
fees can choose to report trades to a competing TRF (or, in this
instance, a market maker may elect to route its orders to an ATS that
reports to a competing TRF). NASDAQ has advised FINRA that following
implementation, NASDAQ will monitor the fees paid by Contra Parties and
will consider whether any adjustments to the proposed fee cap or
qualifying thresholds would be appropriate.
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    \18\ As noted above, NASDAQ has advised FINRA that the proposed
fee cap is in recognition of a new type of trading behavior whereby
a market maker's executions occur within an ATS, and as such, the
market maker is not the Executing Party on the trades based on
current trade reporting rules. Such behavior has emerged since the
current fee cap, based on a firm's volume as Executing Party, was
originally adopted.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The fee proposal would not
impose new fees or fee rate increases on any member firm, and will
reduce the fees paid by some members. NASDAQ has advised FINRA that the
estimated fee savings to member firms based on this proposal would be
in the range of $0-$20,000 per month per firm based on overall market
and participant activity and number of trading days in the month.
NASDAQ, as the Business Member, has further advised FINRA that, based
on current trading practices, NASDAQ estimates that approximately two
to five member firms would have been able to take advantage of the fee
reductions associated with this proposal, had they been in place.
    FINRA notes that its members have trade reporting alternatives
other than the FINRA/Nasdaq TRF, so to the extent the proposed changes
are viewed as burdensome among market participants, those participants
may choose not to avail themselves of the fee cap and maintain the
status quo with respect to fees or adjust their trading practices. This
would permit members to mitigate any direct or indirect costs imposed
by this proposal. Moreover, the proposal may promote competition among
FINRA members by reducing the fee burden on certain FINRA members who
are unable to qualify for the existing fee cap, and FINRA members can
choose their trading partners, which determination may in part be based
on the fees of the particular TRF applicable to Contra Parties. Lastly,
FINRA does not believe that the proposed fee cap burdens competition
among reporting facilities because each is free to adjust their
respective fees to remain competitive with the FINRA/Nasdaq TRF, to the
extent the proposed fee cap makes the FINRA/Nasdaq TRF a more
attractive facility on which to report trades.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \19\ and paragraph (f)(2) of Rule 19b-4
thereunder.\20\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2015-053 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 SR-FINRA-2015-053. 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
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of FINRA. 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-FINRA-2015-053, and should
be submitted on or before December 31, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31064 Filed 12-9-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Proposed Rules]
[Page 51922]
[FR Doc No: 2014-20731]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 270 and 274

[Release No. IC-31184A; File No. S7-07-11]
RIN 3235-AL02

Removal of Certain References to Credit Ratings and Amendment to
the Issuer Diversification Requirement in the Money Market Fund Rule;
Correction

AGENCY: Securities and Exchange Commission.

ACTION: Re-proposed rule; proposed rule; correction.

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SUMMARY: On August 14, 2014, the Securities and Exchange Commission
(``Commission'') published a document in the Federal Register (79 FR
47986). The document contained an incorrect RIN. The Commission is
publishing this document to correct that RIN.

DATES: Effective on September 2, 2014.

FOR FURTHER INFORMATION CONTACT: Erin C. Loomis, Senior Counsel; Amanda
Hollander Wagner, Senior Counsel; Penelope W. Saltzman, Senior Special
Counsel; Investment Company Rulemaking Office, at<PHONE_NUMBER>,
Division of Investment Management, Securities and Exchange Commission,
100 F Street NE., Washington, DC 20549-8549.

Correction

    In the Federal Register of August 14, 2014, in FR Doc. 2014-17746,
on page 47986, in the first column, seventh line, the RIN is corrected
to read as noted above.

    Dated: August 27, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-20731 Filed 8-29-14; 8:45 am]
BILLING CODE P


[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]
[Page 14321-14322]
[DOCID:fr27mr07-85]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55492; File No. SR-Phlx-2006-61]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing of a Proposed Rule Change and Amendment No. 2 Thereto
Relating to Order and Decorum Regulations

March 20, 2007.
    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 September 26, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by Phlx. On
November 14, 2006, the Exchange filed Amendment No. 1 to the proposed
rule change which was subsequently withdrawn.\3\ On January 19, 2007,
the Exchange filed Amendment No. 2 to the proposed rule change. The
Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ On January 12, 2007, Phlx withdrew Amendment No. 1.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx, pursuant to Section 19(b)(1) of the Act \4\ and Rule 19b-
4 thereunder,\5\ proposes to amend Option Order and Decorum Regulation
2, Food, Liquids and Beverages; Regulation 4, Order; Regulation 5,
Visitors and Applicants; and Regulation 6, Dress, pursuant to Exchange
Rule 60. The amendments intend to: (i) Add clarifying language to
Regulations 4 and 5; (ii) amend Regulation 2 language concerning food,
liquids and beverages and propose fines for violations of these new
sections; (iii) add new language to address trash, litter and vandalism
to Regulation 2; (iv) increase fine amounts as specified in proposed
Regulations 2 and 6; (v) delete the language of Regulation 6 and adopt
a revised dress code; and (vi) add clarifying language to Regulations
2, 4, 5 and 6 regarding supervisory responsibility for violations of
the various order and decorum regulations.
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at Phlx, the
Commission's Public Reference Room, and http://www.Phlx.com.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend various Option
Order and Decorum Regulations, adopted pursuant to Exchange Rule 60, to
ensure the efficient, undisrupted conduct of business on the Exchange
and provide a trading floor environment free from conduct that could
distract or interfere with market activity. Further, the Exchange seeks
to delineate specific guidelines concerning the conduct and personal
appearance of persons on the trading floor to prohibit any act or
omission, which could interfere with the personal safety of other
persons on the trading floor.
Regulation 2
    The Exchange no longer has a cafeteria for members on the premises
and therefore, for purposes of convenience, the Exchange proposes to
amend Regulation 2 to allow members, member organizations,
participants, participant organizations and their associated persons to
consume foods, liquids and beverages while on the trading floor,
provided this does not unreasonably interfere with the business of the
trading floor. The Exchange proposes to increase the fines associated
with a violation of this Regulation to create a deterrent for members
who are not compliant with the new policy.
    Additionally, new language is proposed to address trash, litter and
vandalism on the trading floor. The Exchange desires to promote a
professional environment and to create a physical workplace that is
free of trash and litter. The Exchange proposes to add certain fines
for violating the trash, litter and vandalism Regulations. Also, the
Exchange proposes language to address vandalism. In an effort to
maintain a businesslike atmosphere, the abuse, destruction and theft of
property will not be tolerated. Due to the addition of these sections,
the Exchange proposes changing the title of Regulation 2 from ``Food,
Liquids and Beverages'' to ``Food, Liquids and Beverages, Trash, Litter
and Vandalism'' to reflect the additions to this Regulation.
Regulation 4
    The Exchange proposes adding language to section (a) of this
Regulation to clarify that the use of profanity is a violation of this
Regulation. While the use of profanity is currently a violation of
Regulation 4, the Exchange seeks to further define the scope of
prohibited conduct by specifically indicating that members, member
organizations, participants, participant organizations and their
associated persons will be disciplined for the use of profanity.
Regulation 5
    The Exchange proposes amending this Regulation to authorize an
Exchange or Floor Official to permit visitors on the trading floor. It
is more practicable for Exchange and Floor Officials to determine
whether to permit visitors to the trading floor instead of requiring a
floor committee to meet and make such determinations. The decision to
permit visitors on the trading floor is a day-to-day business function,
which is better served by allowing Exchange and Floor Officials the
authority to make these decisions.
Regulation 6
    The Exchange proposes amending its current dress code to adopt a
business casual dress code and clarify what business attire is deemed
acceptable on the trading floor. By issuing guidelines on acceptable
apparel while on the trading floor, the Exchange intends to encourage
all members, member organizations, participants, participant
organizations and their associated persons to comply with the dress
code requirements of Regulation 6.\6\ The

Exchange also proposed to increase sanctions.
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    \6\ The Commission made minor clarifications to this sentence
pursuant to a telephone call with the Exchange. See telephone call
by and between Rahman Harrison, Special Counsel, Division of Market
Regulation, Commission, and Angela Dunn, Director and Counsel, Phlx,
on March 19, 2007.
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Other Changes
    In addition, the Exchange proposes to further amend Regulations 2,
4, 5 and 6 to add language to indicate, pursuant to Exchange Rule 60,
that Exchange Staff may impose fines for breaches of order, decorum,
health, safety and welfare on the members, member organizations,
participants, participant organizations and their associated persons.
This language is intended to clarify the responsibility of members and
their associated persons for compliance with Regulations.
2. Statutory Basis
    The proposal is consistent with Section 6(b) of the Act \7\ in
general, and furthers the objectives of Section 6(b)(5) of the Act \8\
in particular, in that it is designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in general
to protect investors and the public interest, because the proposal
should facilitate prompt, appropriate, and effective discipline for
violations of Exchange Rule 60 and the regulations thereunder designed
to maintain order on the Exchange. In addition, the proposed rule is
consistent with Section 6(b)(6) of the Act \9\ which requires the rules
of an exchange provide that its members be appropriately disciplined
for violations of the Act as well as the rules and regulations
thereunder, by imposing increased fine amounts for breaches of order
and decorum to better reflect the severity of the violation and provide
an appropriate form of deterrence for violation of Exchange Rule 60 and
the regulations thereunder.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78f(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change; or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2006-61 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2006-61. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the Phlx. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2006-61 and should be submitted on or before April
17, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-5552 Filed 3-26-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Page 21774]
[FR Doc No: 2011-9346]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1966-DR; Docket ID FEMA-2011-0001]

Wisconsin; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Wisconsin (FEMA-1966-DR), dated April 5,
2011, and related determinations.

DATES: Effective Date: April 5, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 5, 2011, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Wisconsin resulting from a severe winter storm and snowstorm
during the period of January 31, to February 3, 2011, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Wisconsin.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. You are
further authorized to provide emergency protective measures,
including snow assistance, under the Public Assistance program for
any continuous 48-hour period during or proximate to the incident
period. You may extend the period of assistance, as warranted. This
assistance excludes regular time costs for the sub-grantees' regular
employees. Consistent with the requirement that Federal assistance
is supplemental, any Federal funds provided under the Stafford Act
for Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gregory W. Eaton, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Wisconsin have been designated
as adversely affected by this major disaster:

Dane, Dodge, Grant, Iowa, Kenosha, Lafayette, Milwaukee, Racine,
Walworth, and Washington Counties for Public Assistance.
Dane, Dodge, Grant, Iowa, Kenosha, Lafayette, Milwaukee, Racine,
Walworth, and Washington Counties for emergency protective measures
(Category B), including snow assistance, under the Public Assistance
program for any continuous 48-hour period during or proximate to the
incident period.
All counties within the State of Wisconsin are eligible to apply for
assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-9346 Filed 4-15-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Page 33655]
[FR Doc No: 2023-10988]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97525; File No. SR-OCC-2023-003]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Change by The Options Clearing Corporation Concerning
Clearing Member Cybersecurity Obligations

May 18, 2023.
    On March 21, 2023, the Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2023-003 pursuant to Section 19(b) of the
Securities Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4
\2\ thereunder to amend certain provisions in OCC's Rules relating to
Clearing Member cybersecurity obligations to address the occurrence of
a cyber-related disruption or intrusion of a Clearing Member
(``Security Incident''). The proposed rule change was published for
public comment in the Federal Register on April 5, 2023.\3\ The
Commission has received two comments regarding the proposal described
in the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 97225 (Mar. 30, 2023),
88 FR 20195 (Apr. 5, 2023) (File No. SR-OCC-2023-003) (``Notice of
Filing'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Exchange Act \4\ provides that, within 45
days of the publication of notice of the filing of a proposed rule
change, or within such longer period up to 90 days as the Commission
may designate if it finds such longer period to be appropriate and
publishes its reasons for so finding, or as to which the self-
regulatory organization consents, the Commission shall either approve
the proposed rule change, disapprove the proposed rule change, or
institute proceedings to determine whether the proposed rule change
should be disapproved. The 45th day after publication of the Notice of
Filing is May 20, 2023. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    In order to provide the Commission with sufficient time to consider
the proposed rule change, the Commission finds that it is appropriate
to designate a longer period within which to take action on the
proposed rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Exchange Act,\5\ designates July 4, 2023 as the date by which the
Commission shall either approve, disapprove, or institute proceedings
to determine whether to disapprove proposed rule change SR-OCC-2023-
003.
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-10988 Filed 5-23-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Proposed Rules]
[Page 76974-76979]
[DOCID:fr18de08-25]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1318; Directorate Identifier 2008-NM-155-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

* * * * ** *
    The Bombardier CL-600-2B19 airplanes have had a history of flap
failures at various positions for several years. Flap failure may
result in a significant increase in required landing distances and
higher fuel consumption than planned during a diversion. * * *
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by January 20,
2009.

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

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Dan Parrillo, Aerospace Engineer,
Systems and Flight Test Branch, ANE-171, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516)
228-7305; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1318;
Directorate Identifier 2008-NM-155-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On January 3, 2008, we issued AD 2008-01-04, Amendment 39-15329 (73
FR 1964, January 11, 2008), which superseded AD 2007-17-07, Amendment
39-15165 (72 FR 46555, August 21, 2007). That AD required actions
intended to address an unsafe condition on the products listed above.
    Since we issued AD 2008-01-04, we received a report that the AD was
not effective in reducing the number of flap failures on Model CL-600-
2B19 airplanes. Transport Canada Civil Aviation (TCCA), which is the
aviation authority for Canada, has issued Canadian Airworthiness
Directive CF-2007-10R1, dated August 18, 2008 (referred to after this
as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

* * * * *
    The Bombardier CL-600-2B19 airplanes have had a history of flap
failures at various positions for several years. Flap failure may
result in a significant increase in required landing distances and
higher fuel consumption than planned during a diversion. * * *
* * * * *

This proposed AD would supersede AD 2008-01-04 and would retain the
requirements of that AD, i.e., revising the airplane flight manual
(AFM) to incorporate a temporary revision into the AFM, adding
operational procedures into the AFM, training flight crewmembers and
operational control/dispatch personnel on the operational procedures,
and doing corrective maintenance actions.
    This proposed AD would also add corrective maintenance actions that
include a pressure test of the flexible drive-shaft and corrective
actions (which include replacing any flexible drive-shaft that exhibits
leakage (any sign of bubbles within one minute during the pressure test
in water) with a serviceable flexible drive-shaft), and a low
temperature torque test of the flap actuators and corrective actions
(which include installing a serviceable actuator if torque test results
are not satisfactory).
    This proposed AD would also require revising the AFM to incorporate
a new temporary revision (TR) into the AFM. The TR adds maximum flaps
operating speed data and clarifies maximum flaps extended speeds. This
proposed AD would also modify the Operational Limitations and the
annual simulator training for ``Flap Zero Landing'' events.
    In addition, this proposed AD also would require certain
maintenance actions (including checking flap system components and
repairing or replacing components of the flap system) following a flap
fail event and installing

a cockpit placard that specifies new flap operating limitations. This
proposed AD would also allow installing modified flap actuators, which
would terminate certain sections of the operational procedures.
    This proposed AD also re-identifies the airplanes affected by
paragraph (g)(3) of the existing AD. The accumulated time on the
actuators specified in paragraphs (g)(3)(i) and (g)(3)(ii) of this AD
has been extended from ``2,000 flight hours'' to ``5,000 flight
cycles.'' This proposed AD would also require repetitive low
temperature torque tests of the flap actuators.
    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier has issued the following service information:
     Service Bulletin 601R-11-090, dated August 15, 2008;
     Service Bulletin 601R-27-150, dated July 12, 2007;
     Service Bulletin 601R-27-151, Revision B, dated June 12,
2008;
     Canadair Regional Jet TR RJ/165-1, dated August 7, 2008,
to the Canadair Regional Jet Airplane Flight Manual CSP A-012; and
     Canadair Regional Jet TR 05-035, dated July 13, 2007, to
the Canadair Regional Jet Aircraft Maintenance Manual; and Section 27-
50-00, Revision 38, dated January 10, 2008, of the Canadair Regional
Jet Fault Isolation Manual.
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

Clarification of Part Number Reference

    In paragraph (g)(3) of AD 2008-01-04, we referred only to the
vendor part numbers 852D100-19/-21, 853D100-19/-20, and 854D100-19/-20.
In paragraph (g)(3) of this proposed AD, we have added the
corresponding Bombardier part numbers 601R93101-19/-21, 601R93103-19/-
20, and 601R93104-19/-20.

Method of Compliance With AD 2006-12-21

    Installing flap actuators in accordance with paragraph (h)(5) of
the proposed AD is acceptable for compliance with the installation of
Number 3 and Number 4 flap actuators required by paragraph (h) of AD
2006-12-21, Amendment 39-14647 (71 FR 34793, June 16, 2006), for that
actuator only. The remaining requirements of paragraph (h) of AD 2006-
12-21 remain in effect.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 684 products of U.S. registry. We also estimate that
it would take about 18 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost a negligible amount per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these costs. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of the proposed AD on U.S.
operators to be $984,960, or $1,440 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 removing Amendment 39-15329 (73 FR
1964, January 11, 2008) and adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2008-1318;
Directorate Identifier 2008-NM-155-AD.

Comments Due Date

    (a) We must receive comments by January 20, 2009.

Affected ADs

    (b) The proposed AD supersedes AD 2008-01-04, Amendment 39-
15329.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, certificated in any category,
serial numbers 7003 through 7990 and 8000 and subsequent.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
* * * * *
    The Bombardier CL-600-2B19 airplanes have had a history of flap
failures at various positions for several years. Flap failure may
result in a significant increase in required landing distances and
higher fuel consumption than planned during a diversion. * * *
* * * * *

This AD supersedes AD 2008-01-04 and retains the requirements of
that AD, i.e., revising the airplane flight manual (AFM) to
incorporate a temporary revision into the AFM, adding operational
procedures into the AFM, training flight crewmembers and operational
control/dispatch personnel on the operational procedures, and doing
corrective maintenance actions. This AD also adds corrective
maintenance actions that include a pressure test of the flexible
drive-shaft and corrective actions, and a low temperature torque
test of the flap actuators and corrective actions. This AD also
requires revising the AFM to incorporate a new temporary revision
(TR) into the AFM. The TR adds maximum flaps operating speed data
and clarifies maximum flaps extended speeds. This AD also modifies
the Operational Limitations and the annual simulator training for
``Flap Zero Landing'' events. In addition, this AD also requires
certain maintenance actions following a flap fail event and
installing a cockpit placard that specifies new flap operating
limitations. This AD also allows installing modified flap actuators,
which would terminate certain sections of the operational
procedures. This AD also requires repetitive low temperature torque
tests of the flap actuators.

Requirements of AD 2007-17-07, Amendment 39-15165: Actions and
Compliance

    (f) Unless already done, do the following actions.
    (1) Part I. Airplane Flight Manual (AFM) Change: Within 30 days
after September 5, 2007 (the effective date of AD 2007-17-07),
revise the Canadair Regional Jet Airplane Flight Manual CSP A-012,
by incorporating the information in Canadair Regional Jet Temporary
Revision (TR) RJ/165, dated July 6, 2007, into the AFM.
Accomplishing the requirements of paragraph (h)(1) of this AD
terminates the requirements of this paragraph and the AFM revision
required by this paragraph may be removed from the AFM.

    Note 1: The actions required by paragraph (f)(1) of this AD may
be done by inserting a copy of Canadair Regional Jet TR RJ/165,
dated July 6, 2007, into the Canadair Regional Jet Airplane Flight
Manual CSP A-012. When this TR has been included in general
revisions of the AFM, the general revisions may be inserted in the
AFM.

    (2) Part II. Operational Procedures: Within 30 days after
September 5, 2007, revise the Limitations Section of the Canadair
Regional Jet Airplane Flight Manual CSP A-012, to include the
following statement. This may be done by inserting a copy of
paragraph (f)(2) of this AD in the AFM. Accomplishing the
requirements of paragraph (h)(2) of this AD terminates the
requirements of this paragraph and the AFM revision required by this
paragraph may be removed from the AFM.

``1. Flap Extended Diversion

    Upon arrival at the destination airport, an approach shall not
be commenced, nor shall the flaps be extended beyond the 0 degree
position, unless one of the following conditions exists:
    a. When conducting a precision approach, the reported visibility
(or RVR) is confirmed to be at or above the visibility associated
with the landing minima for the approach in use, and can be
reasonably expected to remain at or above this visibility until
after landing; or
    b. When conducting a non-precision approach, the reported
ceiling and visibility (or RVR) are confirmed to be at or above the
ceiling and visibility associated with the landing minima for the
approach in use, and can be reasonably expected to remain at or
above this ceiling and visibility until after landing; or
    c. An emergency or abnormal situation occurs that requires
landing at the nearest suitable airport; or
    d. The fuel remaining is sufficient to conduct the approach,
execute a missed approach, divert to a suitable airport with the
flaps extended to the landing position, conduct an approach at the
airport and land with 1000 lb (454 kg) of fuel remaining.

    Note 1: The fuel burn factor (as per AFM TR/165) shall be
applied to the normal fuel consumption for calculation of the flaps
extended missed approach, climb, diversion and approach fuel
consumption.

    Note 2: Terrain and weather must allow a minimum flight altitude
not exceeding 15,000 feet along the diversion route.

    Note 3: For the purpose of this AD, a ``suitable airport'' is an
airport that has at least one usable runway, served by an instrument
approach if operating under Instrument Flight Rules (IFR), and the
airport is equipped as per the applicable regulations and standards
for marking and lighting. The existing and forecast weather for this
airport shall be at or above landing minima for the approach in use.

2. Flap Failure After Takeoff

    When a takeoff alternate is filed, terrain and weather must
allow a minimum flight altitude not exceeding 15,000 feet along the
diversion route to that alternate, or other suitable airport. The
fuel at departure shall be sufficient to divert to the takeoff
alternate or other suitable airport with the flaps extended to the
takeoff position, conduct an approach and land with 1000 lb (454 kg)
of fuel remaining.

    Note: The fuel burn factor (as per AFM TR/165) shall be applied
to the normal fuel consumption for calculation of the flaps
extended, climb, diversion and approach fuel consumption.

3. Flap Zero Landing

    Operations where all useable runways at the destination and
alternate airports are forecast to be wet or contaminated (as
defined in the AFM) are prohibited during the cold weather season
(December to March inclusive in the northern hemisphere) unless one
of the following conditions exists:
    a. The flap actuators have been verified serviceable in
accordance with Part C (Low Temperature Torque Test of the Flap
Actuators) of SB 601R-27-150, July 12, 2007, or
    b. The flight is conducted at a cruise altitude where the SAT is
-60 deg C or warmer. If the SAT in flight is colder than -60 deg C,
descent to warmer air shall be initiated within 10 minutes, or
    c. The Landing Distance Available on a useable runway at the
destination airport is at least equal to the actual landing distance
required for flaps zero. This distance shall be based on Bombardier
performance data, and shall take into account forecast weather and
anticipated runway conditions, or
    d. The Landing Distance Available on a useable runway at the
filed alternate airport, or other suitable airport is at least equal
to the actual landing distance for flaps zero. This distance shall
be based on Bombardier performance data, and shall take into account
forecast weather and anticipated runway conditions.

    Note 1: If the forecast destination weather is less than 200
feet above DH or MDA, or less than 1 mile (1500 meters) above the
authorized landing visibility (or equivalent RVR), as applied to the
usable runway at the destination airport, condition 3.a., 3.b., or
3.d. above must be satisfied.

    Note 2: When conducting No Alternate IFR (NAIFR) operations,
condition 3.a., 3.b., or 3.c. above must be satisfied.''

    [/FOL LIT](3) Part III. Training: As of 30 days after September
5, 2007, no affected airplane may be operated unless the flight
crewmembers of that airplane and the operational control/dispatch
personnel for that airplane have received training that is
acceptable to the Principal Operations Inspector (POI) on the
operational procedures required by paragraph (f)(2) of this AD.
Accomplishing the requirements of paragraph (h)(3)(i) of this AD
terminates the requirements of this paragraph.
    (4) Part IV. Maintenance Actions: Within 120 days after
September 5, 2007, do the cleaning and lubrication of the flexible
shafts, installation of metallic seals in the flexible drive-shafts,
and all applicable related investigative and corrective actions by
doing all the applicable actions specified

in ``PART A'' of the Accomplishment Instructions of Bombardier
Service Bulletin 601R-27-150, dated July 12, 2007; except if torque
test results are not satisfactory, before further flight, install a
serviceable actuator in accordance with the service bulletin or, if
no serviceable actuators are available, contact the Manager, New
York Aircraft Certification Office, FAA, for corrective action. Do
all applicable related investigative and corrective actions before
further flight.

Requirements of AD 2008-01-04: Actions and Compliance With Revised
Affected Airplanes for Paragraph (g)(3)

    (g) Unless already done, do the following actions.
    (1) As of November 30, 2008, no affected airplane may be
operated unless the flight crewmembers of that airplane have
received simulator training on reduced or zero flap landing that is
acceptable to the POI. Thereafter, this training must be done during
the normal simulator training cycle, at intervals not to exceed 12
months. Accomplishing the requirements of paragraph (h)(3)(ii) of
this AD terminates the requirements of this paragraph.
    (2) Within 24 months or 4,000 flight hours after February 15,
2008 (the effective date of AD 2008-01-04), whichever occurs first:
Do a pressure test of the flexible drive-shaft, and do all
applicable corrective actions, by doing all the applicable actions
specified in ``PART B'' of the Accomplishment Instructions of
Bombardier Service Bulletin 601R-27-150, dated July 12, 2007. Do all
applicable corrective actions before further flight.
    (3) For airplanes having flap actuators, part numbers (P/Ns),
852D100-19/-21, 853D100-19/-20, and 854D100-19/-20 (Bombardier P/Ns
601R93101-19/-21, 601R93103-19/-20, and 601R93104-19/-20), specified
in paragraphs (g)(3)(i) and (g)(3)(ii) of this AD: Within 24 months
after February 15, 2008, do a low temperature torque test of the
flap actuators, and do all applicable corrective actions, by doing
all the applicable actions specified in ``PART C'' of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
150, dated July 12, 2007. Do all applicable corrective actions
before further flight.
    (i) Airplanes having actuators that have not been repaired and
that have accumulated more than 5,000 flight cycles since new.
    (ii) Airplanes having actuators that have been repaired and that
have accumulated more than 5,000 flight cycles on the inboard pinion
shaft seals, P/Ns 853SC177-1/-2.

New Requirements of This AD: Actions and Compliance

    (h) Unless already done, do the following actions.
    (1) Part I. New AFM Change: Within 30 days after the effective
date of this AD, revise the Canadair Regional Jet Airplane Flight
Manual (AFM) CSP A-012, by incorporating the information in Canadair
Regional Jet Temporary Revision (TR) RJ/165-1, dated August 7, 2008,
into the airplane flight manual. Accomplishing this action
terminates the requirements of paragraph (f)(1) of this AD and after
this action has been done, the AFM revision required by paragraph
(f)(1) of this AD may be removed from the AFM.

    Note 2: The actions required by paragraph (h)(1) of this AD may
be done by inserting a copy of Canadair Regional Jet TR RJ/165-1,
dated August 7, 2008, into the Canadair Regional Jet AFM CSP A-012.
When this TR has been included in general revisions of the AFM, the
general revisions may be inserted in the AFM.

    (2) Part II. New Operational Procedures: Within 30 days after
the effective date of this AD, revise the Limitations Section of the
Canadair Regional Jet AFM CSP A-012, to include the following
statement. This may be done by inserting a copy of paragraph (h)(2)
of this AD into the AFM. Accomplishing this action terminates the
requirements of paragraph (f)(2) of this AD and after this action
has been done, the AFM revision required by paragraph (f)(2) of this
AD may be removed from the AFM.

``1. Flap Extended Diversion

    Upon arrival at the destination airport, an approach shall not
be commenced, nor shall the flaps be extended beyond the 0 degree
position, unless one of the following conditions exists:
    a. When conducting a precision approach, the reported visibility
(or RVR) is confirmed to be at or above the visibility associated
with the landing minima for the approach in use, and can be
reasonably expected to remain at or above this visibility until
after landing; or
    b. When conducting a non-precision approach, the reported
ceiling and visibility (or RVR) are confirmed to be at or above the
ceiling and visibility associated with the landing minima for the
approach in use, and can be reasonably expected to remain at or
above this ceiling and visibility until after landing; or
    c. An emergency or abnormal situation occurs that requires
landing at the nearest suitable airport; or
    d. The fuel remaining is sufficient to conduct the approach,
execute a missed approach, divert to a suitable airport with the
flaps extended to the landing position, conduct an approach at the
airport and land with 1000 lb (454 kg) of fuel remaining.

    Note 1: The fuel burn factor (as per AFM TR/165) shall be
applied to the normal fuel consumption for calculation of the flaps
extended missed approach, climb, diversion and approach fuel
consumption.

    Note 2: Terrain and weather must allow a minimum flight altitude
not exceeding 15,000 feet along the diversion route.

    Note 3: For the purpose of this AD, a ``suitable airport'' is an
airport that has at least one usable runway, served by an instrument
approach if operating under Instrument Flight Rules (IFR), and the
airport is equipped as per the applicable regulations and standards
for marking and lighting. The existing and forecast weather for this
airport shall be at or above landing minima for the approach in use.

2. Flap Failure After Takeoff

    When a takeoff alternate is filed, terrain and weather must
allow a minimum flight altitude not exceeding 15,000 feet along the
diversion route to that alternate, or other suitable airport. The
fuel at departure shall be sufficient to divert to the takeoff
alternate or other suitable airport with the flaps extended to the
takeoff position, conduct an approach and land with 1000 lb (454 kg)
of fuel remaining.

    Note: The fuel burn factor (as per AFM TR/165) shall be applied
to the normal fuel consumption for calculation of the flaps
extended, climb, diversion and approach fuel consumption.

3. Flap Zero Landing

    Operations where all useable runways at the destination and
alternate airports are forecast to be wet or contaminated (as
defined in the AFM) are prohibited during the cold weather season
(December to March inclusive in the northern hemisphere) unless one
of the following four conditions (a. through d.) exists:
    a. Each installed flap actuator meets one of the following three
conditions:
    (i) Actuators have less than 5000 flight cycles (FC) since new
or overhaul and/or the actuators have been verified serviceable in
accordance with Part C (Low Temperature Torque Test of the Flap
Actuators) of Bombardier Service Bulletin (SB) 601R-27-150, issued
July 12, 2007, or
    (ii) Actuators have P/N 601R93101-19/-21 (Vendor P/N 852D100-19/
-21), P/N 601R93103-19/-20 (Vendor P/N 853D100-19/-20), or P/N
601R93104-19/-20 (Vendor P/N 854D100-19/-20), and have less than
5000 FC since repair (where it can be shown that the actuator
inboard pinion seals, Eaton P/Ns 853SC177-1 and -2, were replaced),
or
    (iii) Actuators have P/N 601R93101-23/-25 (Vendor P/N 852D100-
23/-25) installed at all inboard flap positions, P/N 601R93103-23/-
24 (Vendor P/N 853D100-23/-24) installed at outboard flap No.3
position, and P/N 601R93104-23/-24 (Vendor P/N 854D100-23/-24)
installed at outboard flap No.4 position.
    b. Pre-dispatch forecast ground temperature at the time of
arrival at destination airport is above -25 deg C, utilizing a
reliable weather forecast service acceptable to the principal
operations inspector (POI).
    c. The Landing Distance Available on a useable runway at the
destination airport is at least equal to the actual landing distance
required for flaps zero. This distance shall be based on Bombardier
performance data, and shall take into account forecast weather and
anticipated runway conditions.
    d. The Landing Distance Available on a useable runway at the
filed alternate airport, or other suitable airport is at least equal
to the actual landing distance for flaps zero. This distance shall
be based on Bombardier performance data, and shall take into account
forecast weather and anticipated runway conditions.

    Note 1: If the forecast destination weather is less than 200
feet above DH or MDA, or less than 1 mile (1500 meters) above the
authorized landing visibility (or equivalent RVR), as applied to the
usable runway at the destination airport, condition 3.a., 3.b., or
3.d. above must be satisfied.

    Note 2: When conducting No Alternate IFR (NAIFR) operations,
condition 3.a., 3.b., or 3.c. above must be satisfied.''

4. Dispatch Following a Flap Failed Event

    If normal flap system operation can be restored after an on-
ground system reset, continued revenue operation of that airplane is
permitted, provided conditions a., and b., and c. or d., below are
satisfied:
    a. Prior to dispatch following an on-ground circuit breaker
reset, the flaps must be operated for five full extension/retraction
cycles by the flight crew with no subsequent failures.
    b. Prior to dispatch following an on-ground circuit breaker
reset, the thrust reversers, ground spoilers and brake system are
verified operational prior to each flight.
    c. The Landing Distance Available on a useable runway at the
destination airport is at least equal to the actual landing distance
required for flaps zero. This distance shall be based on Bombardier
performance data, and shall take into account forecast weather and
anticipated runway conditions.
    d. The Landing Distance Available on a useable runway at the
filed alternate airport, or other suitable airport is at least equal
to the actual landing distance for flaps zero. This distance shall
be based on Bombardier performance data, and shall take into account
forecast weather and anticipated runway conditions.

    Note 1: If the forecast destination weather is less than 200
feet above DH or MDA, or less than 1 mile (1500 meters) above the
authorized landing visibility (or equivalent RVR), as applied to the
usable runway at the destination airport, condition 4.d. above must
be satisfied.

    Note 2: When conducting No Alternate IFR (NAIFR) operations,
condition 4.c. above must be satisfied.''

    (3) Part III. New Training: Do the requirements specified in
paragraphs (h)(3)(i) and (h)(3)(ii) of this AD.
    (i) As of 30 days after the effective date of this AD, no
affected airplane may be operated unless the flight crewmembers of
that airplane and the operational control/dispatch personnel for
that airplane have received training that is acceptable to the
Principal Operations Inspector (POI) on the operational procedures
required by paragraph (h)(2) of this AD. Accomplishing this action
terminates the requirements specified in paragraph (f)(3) of this
AD.
    (ii) As of September 30, 2009, no affected airplane may be
operated unless the flight crewmembers of that airplane have
received simulator training on reduced or zero flap landing that is
acceptable to the Principal Operations Inspector (POI). Thereafter,
this training must be done during the normal simulator training
cycle, at intervals not to exceed 12 months. Accomplishing this
action terminates the requirements specified in paragraph (g)(1) of
this AD.
    (4) Part IV. New Maintenance Action: For airplanes on which the
low temperature torque test of the flap actuators is required by
paragraph (g)(3) of this AD: Within 12 months after doing the low
temperature torque test specified in paragraph (g)(3) of this AD, do
a low temperature torque test of the flap actuators, and do all
applicable corrective actions specified in Part C of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
150, dated July 12, 2007. Do all applicable corrective actions
before further flight. For airplanes identified in paragraphs
(h)(4)(i) and (h)(4)(ii) of this AD, repeat the low temperature
torque test thereafter at intervals not to exceed 12 months.
    (i) Airplanes having actuators that have not been repaired and
that have accumulated more than 5,000 flight cycles since new.
    (ii) Airplanes having actuators that have been repaired and that
have accumulated more than 5,000 flight cycles on the inboard pinion
shaft seals, P/Ns 853SC177-1/-2.
    (5) Part IV. New Optional Maintenance Action: Installation of
actuators having P/N 601R93101-23/-25 (Vendor P/N 852D100-23/-25),
P/N 601R93103-23/-24 (Vendor P/N 853D100-23/-24), and P/N 601R93104-
23/-24 (Vendor P/N 854D100-23/-24) in accordance with Bombardier
Service Bulletin 601R-27-151, Revision B, dated June 12, 2008,
terminates the requirements of paragraph ``3. Flap Zero Landing,''
of the statement required by paragraph (h)(2) of this AD. After
doing the installation specified in this paragraph, paragraph ``3.
Flap Zero Landing,'' specified in paragraph (h)(2) of this AD, may
be removed from the limitations section of the AFM.
    (6) Part V. Dispatch following a flap fail event: For airplanes
on which a flap fail message occurs, prior to further flight, do all
applicable maintenance actions in accordance with Section 27-50-00
of the Bombardier CRJ100/200/440 Fault Isolation Manual (FIM) CSP A-
009, Revision 38, dated January 10, 2008; except if maintenance
actions cannot be done and normal flap system operation can be
restored after an on-ground circuit breaker reset operation, then
continued revenue operation is permitted without further maintenance
action for up to 10 flight cycles, subject to the operating
limitations specified by the procedure titled ``4. Dispatch
Following a Flap Failed Event,'' specified in paragraph (h)(2) of
this AD; except as provided by paragraphs (h)(6)(i) and (h)(6)(ii)
of this AD. The circuit breaker reset operation can be performed by
the flightcrew when authorized by the operator's maintenance control
organization.
    (i) Within 10 flight cycles following the initial on-ground
circuit breaker reset operation, do the maintenance actions
specified in paragraph (h)(6) of this AD.
    (ii) If another flap fail event occurs any time after the
initial circuit breaker reset operation, do the maintenance actions
specified in paragraph (h)(6) of this AD before further flight.
    (7) Part V. Operators are required to report all fault data,
including flaps electronic control unit (FECU) codes, to Bombardier
within 30 days after each failure occurrence, or 30 days after the
effective date of this AD, in accordance with Task 05-51-50-980-801
as introduced in the Canadair Regional Jet TR 05-035, dated July 13,
2007, to the Canadair Regional Jet Aircraft Maintenance Manual
(AMM).
    (8) Part VI. Cockpit Placard: Within 120 days after the
effective date of this AD, install a flight compartment placard in
accordance with Bombardier Service Bulletin 601R-11-090, dated
August 15, 2008.

Method of Compliance With AD 2006-12-21

    (i) Installing flap actuators in accordance with paragraph
(h)(5) of this AD is acceptable for compliance with the installation
of Number 3 and Number 4 flap actuators required by paragraph (h) of
AD 2006-12-21, Amendment 39-14647. All other requirements of
paragraph (h) of AD 2006-12-21 are still applicable and must be
complied with.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows:

    (1) The maintenance tasks specified in the first row of the
table in ``Part IV. Maintenance Actions'' of the MCAI do not specify
a corrective action if an actuator is not serviceable (i.e., torque
test results are not satisfactory). However, this AD requires
contacting the FAA or installing a serviceable actuator before
further flight if torque test results are not satisfactory.
(Reference paragraph (f)(4) of this AD.)
    (2) Although paragraph 2. of ``Part III. Training'' of the MCAI
recommends accomplishing the new training within 1 year, this AD
requires accomplishing the training before September 30, 2009, in
order to ensure that the actions are completed prior to the onset of
cold weather operations.
    (3) For the Flaps Zero Landing Requirements of Part II 3.a (i),
the MCAI refers to actuators with less than 5,000 flight cycles. We
have clarified sub-paragraph 3.a.(i) of paragraph ``3. Flap Zero
Landing,'' of the statement specified in paragraph (h)(2) of this AD
that the 5,000 flight cycles is since new or overhauled.
    (4) For the Flaps Zero Landing requirements of Part II.3 c., the
MCAI requires a pre-dispatch forecast ground temperature at the time
of arrival at the destination airport to be above -25 deg C. This AD
clarifies sub-paragraph 3.b. of paragraph ``3. Flap Zero Landing,''
of the statement specified in paragraph (h)(2) of this AD that the
source of the forecast is to be a reliable weather forecast service
acceptable to the principal operations inspector.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1)(i) Alternative Methods of Compliance (AMOCs): The Manager,
New York Aircraft Certification Office (ACO), FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to ATTN: Dan Parrillo,
Aerospace Engineer, Systems and Flight Test Branch, ANE-171, FAA,
New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (ii) AMOCs approved previously in accordance with AD 2008-01-04
are

approved as AMOCs for the corresponding provisions of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2007-10R1,
dated August 18, 2008, and the service information identified in
Table 1 of this AD for related information.

                  Table 1--Related Service Information
------------------------------------------------------------------------
       Service information           Revision level           Date
------------------------------------------------------------------------
Bombardier Service Bulletin 601R-  Original..........  July 12, 2007.
 27-150.
Bombardier Service Bulletin 601R-  B.................  June 12, 2008.
 27-151.
Bombardier Service Bulletin 601R-  Original..........  August 15, 2008.
 11-090.
Canadair Regional Jet TR RJ/165    Original..........  July 6, 2007.
 to the Canadair Regional Jet AFM
 CSP A-012.
Canadair Regional Jet TR RJ/165-1  Original..........  August 7, 2008.
 to the Canadair Regional Jet AFM
 CSP A-012.
Canadair Regional Jet TR 05-035    Original..........  July 13, 2007.
 to the Canadair Regional Jet AMM.
Section 27-50-00 of the Canadair   38................  January 10, 2008.
 Regional Jet CRJ100/200/440 FIM.
------------------------------------------------------------------------

    Issued in Renton, Washington, on December 11, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-30037 Filed 12-17-08; 8:45 am]

BILLING CODE 4910-13-P