comments specifically addressing the IRFA. We received a number of
comments on other aspects of the Proposed Rules \125\ and considered
those comments in developing the FRFA.
---------------------------------------------------------------------------

    \125\ See supra Section II.
---------------------------------------------------------------------------

D. Projected Reporting, Recordkeeping, and Other Compliance
Requirements

    As noted in Section IV.C., the amendments will not substantively
affect the filings currently made under Rules 101(b)(2), (5), (6), or
(9) or the foreign language documents submitted under Rule 306.
Therefore, the reporting or compliance burdens associated with
associated forms, schedules, reports, and applications for small
entities will remain unchanged under these amendments.
    The amendments will however impose new submission obligations on
certain registrants. In particular, the amendments mandate the
electronic submission of the ``glossy'' annual report to security
holders and the electronic submission in Inline XBRL format of the
financial statements and accompanying notes required by Form 11-K. In
addition, to the extent that a filer has not previously filed documents
on EDGAR electronically, registrants who previously filed or submitted
in paper format under Rule 101(b) would need to apply for access to
file on EDGAR on Form ID.
    Additionally, the amendments would mandate electronic filing of
Form 144 with respect to securities issued by companies subject to
Exchange Act reporting requirements. We anticipate that this amendment
would cause a number of filers, including small entities, using EDGAR
to file their Form 144 electronically who do not currently do so,
thereby modestly increasing their compliance obligations.
    Section II discusses the amendments in detail. Sections IV and V
discuss the economic impact, including the estimated costs and
benefits, of the amendments to all affected entities. Compliance with
certain provisions of the amendments may require the use of
professional skills, including legal and technical skills.

E. Agency Action To Minimize Effect on Small Entities

    The RFA directs us to consider alternatives that would accomplish
our stated objectives, while minimizing any significant adverse effect
on small entities. Accordingly, we considered the following
alternatives:
     Establishing different compliance or reporting
requirements or timetables that take into account the resources
available to small entities;
     Clarifying, consolidating or simplifying compliance and
reporting requirements for small entities under our rules as revised by
the amendments;
     Using performance rather than design standards; and
     Exempting small entities from coverage of all or part of
the amendments.
    Partially or completely exempting small entities from the
electronic filing requirements would undermine our stated objective of
facilitating more efficient transmission, dissemination, analysis,
storage and retrieval of documents that are currently filed in paper,
and we expect any increased burden associated with most of the proposed
amendments to be small. With respect to the amendments to mandate the
electronic submission of ``glossy'' annual reports to security holders
and the proposed amendments to mandate the use of Inline XBRL for the
filing of financial statements and accompanying notes to the financial
statements required by Form 11-K, we are providing six-month and three-
year transition periods, respectively, for all registrants, including
small entities.
    We believe these transition periods will provide adequate time for
all filers to prepare for and manage the burdens associated with these
new obligations. Moreover, to the extent that the amendments increase
the ease and efficiency with which certain documents can be submitted
to the Commission, they should benefit all filers, including small
entities. In this regard, it appears that few filers currently take
advantage of paper filing options under our current rules. For these
reasons, we do not believe that it

is necessary to establish different compliance timetables or reporting
requirements for small entities or to clarify, consolidate or simplify
the requirements.
    The amendments use design rather than performance standards in
order to promote uniform filing requirements for all registrants.

VII. Statutory Authority

    The amendments contained in this document are being adopted under
the authority set forth in Sections 6, 7, 8, 10 and 19(a) of the
Securities Act, Sections 3, 12, 13, 14, 15(d), 16, 23(a) and 35A of the
Exchange Act, and Sections 10 and 38 of the Investment Company Act.

List of Subjects in 17 CFR Parts 230, 232, 239, 240 and 249

    Reporting and recordkeeping requirements, Securities.

    For the reasons set out in the preamble, the Commission proposes to
amend title 17, chapter II of the Code of Federal Regulations as
follows:

PART 230--GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933

0
1. The general authority citation for part 230 continues to read as
follows:

    Authority: 15 U.S.C. 77b, 77b note, 77c, 77d, 77f, 77g, 77h,
77j, 77r, 77s, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n, 78o, 78o-
7 note, 78t, 78w, 78ll(d), 78mm, 80a-8, 80a-24, 80a-28, 80a-29, 80a-
30, and 80a-37, and Pub. L. 112-106, sec. 201(a), sec. 401, 126
Stat. 313 (2012), unless otherwise noted.
* * * * *

0
2. Amend Sec.  230.144 by:
0
a. Revising paragraph (h)(1);
0
b. Redesignating paragraph (h)(2) as (h)(3); and
0
c. Adding a new paragraph (h)(2).
    The revisions and additions to read as follows:

Sec.  230.144   Persons deemed not to be engaged in a distribution and
therefore not underwriters.

* * * * *
    (h) Notice of proposed sale. (1) Reporting issuers. If the issuer
is, and has been for a period of at least 90 days immediately before
the sale, subject to the reporting requirements of section 13 or 15(d)
of the Exchange Act and the amount of securities to be sold in reliance
upon this rule during any period of three months exceeds 5,000 shares
or other units or has an aggregate sale price in excess of $50,000, a
notice on Form 144 (Sec.  239.144 of this chapter) shall be filed
electronically with the Commission.
    (2) Non-reporting issuers. If the issuer is not subject to the
reporting requirements of section 13 or 15(d) of the Exchange Act, and
the amount of securities to be sold in reliance upon this rule during
any period of three months exceeds 5,000 shares or other units or has
an aggregate sale price in excess of $50,000, three copies of a notice
on Form 144 (Sec.  239.144 of this chapter) shall be filed with the
Commission.
* * * * *

0
3. Amend Sec.  230.158 by revising paragraph (b)(2) to read as follows:

Sec.  230.158   Definitions of certain terms in the last paragraph of
section 11(a).

* * * * *
    (b) * * *
    (2) Has filed its report or reports on Form 10-K, Form 10-Q, Form
8-K, Form 20-F, Form 40-F, or Form 6-K, or has submitted to the
Commission in electronic format, in accordance with the EDGAR Filer
Manual, its annual report sent to security holders pursuant to Rule
14a-3(c) (Sec.  240.14a-3(c) of this chapter) containing such
information. A registrant may use other methods to make an earning
statement ``generally available to its security holders'' for purposes
of the last paragraph of section 11(a).
* * * * *

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
4. The general authority citation for part 232 continues to read in
part as follows:

    Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, 7201 et seq.; and 18 U.S.C. 1350,
unless otherwise noted.
* * * * *
0
5. Amend Sec.  232.101 by:
0
a. Revising paragraphs (a)(1)(i) and (iii);
0
b. Removing the word ``and'' at the end of paragraph (a)(1)(xix);
0
c. Adding and reserving paragraphs (a)(1)(xxii) through (xxx);
0
d. Removing and reserving paragraphs (b)(1) through (6), and (9);
0
e. Revising the paragraph (c) heading and introductory text; and
0
f. Removing and reserving paragraphs (c)(6) and (8).
    The revisions and additions to read as follows:

Sec.  232.101   Mandated electronic submissions and exceptions.

    (a) * * *
    (1) * * *
    (i) Registration statements and prospectuses filed pursuant to the
Securities Act (15 U.S.C. 77a, et seq.) or registration statements
filed pursuant to Section 12(b) or 12(g) of the Exchange Act (15 U.S.C.
78l(b) or (g)), and certifications that a security has been approved by
an exchange for listing and registration filed pursuant to Section
12(d) of the Exchange Act (15 U.S.C. 78l(d)) and Sec.  240.12d1-3 of
this chapter (Rule 12d1-3) under the Exchange Act. The certification
that a security has been approved by an exchange for listing and
registration must be made on EDGAR in the electronic format required by
the EDGAR Filer Manual, as defined in Sec.  232.11 of this chapter
(Rule 11 of Regulation S-T). Notwithstanding Sec.  232.104 of this
chapter (Rule 104 of Regulation S-T), the certification filed under
this paragraph will be considered as officially filed with the
Commission;
* * * * *
    (iii) Statements, reports and schedules filed with the Commission
pursuant to sections 13, 14, 15(d) or 16(a) of the Exchange Act (15
U.S.C. 78m, 78n, 78o(d), 78p(a)), and proxy materials required to be
furnished for the information of the Commission pursuant to Rules 14a-3
and 14c-3 or in connection with annual reports on Form 10-K (Sec.
249.310 of this chapter) filed pursuant to section 15(d) of the
Exchange Act;
    Note 1 to paragraph (a)(1)(iii). Electronic filers filing Schedules
13D and 13G with respect to foreign private issuers should include in
the submission header all zeroes (i.e., 00-0000000) for the IRS tax
identification number because the EDGAR system requires an IRS number
tag to be inserted for the subject company as a prerequisite to
acceptance of the filing.
    Note 2 to paragraph (a)(1)(iii). Foreign private issuers must file
or submit their Form 6-K reports (Sec.  249.306 of this chapter) in
electronic format.
* * * * *
    (xxii) [Reserved]
    (xxiii) [Reserved]
    (xxiv) Annual reports to security holders furnished for the
information of the Commission under Sec.  240.14a-3(c) of this chapter
or Sec.  240.14c-3(b) of this chapter, under the requirements of Form
10-K (Sec.  249.310 of this chapter) filed by registrants under
Exchange Act Section 15(d) (15 U.S.C. 78o(d)), or by foreign private
issuers filed on Form 6-K (Sec.  249.306 of this chapter) under Sec.
240.13a-16 of this chapter or Sec.  240.15d-16 of this chapter;
    (xxv) Notices of exempt solicitation furnished for the information
of the Commission pursuant to Rule 14a-6(g) (Sec.  240.14a-6(g) of this
chapter) and notices of exempt preliminary roll-up

communications furnished for the information of the Commission pursuant
to Sec.  240.14a-6(n) of this chapter (Rule 14a-6(n));
    (xxvi) Form 11-K (Sec.  249.311 of this chapter);
    (xxvii) Form 144 (Sec.  239.144 of this chapter), where the issuer
of the securities is subject to the reporting requirements of Section
13 or 15(d) of the Exchange Act (15 U.S.C. 78m or 78o(d),
respectively);
    (xxviii) Periodic reports and reports with respect to distributions
of primary obligations filed by:
    (A) The International Bank for Reconstruction and Development under
Section 15(a) of the Bretton Woods Agreements Act (22 U.S.C. 286k-1(a))
and part 285 of this chapter;
    (B) The Inter-American Development Bank under Section 11(a) of the
Inter-American Development Bank Act (22 U.S.C. 283h(a)) and part 286 of
this chapter;
    (C) The Asian Development Bank under Section 11(a) of the Asian
Development Bank Act (22 U.S.C. 285h(a)) and part 287 of this chapter;
    (D) The African Development Bank under Section 9(a) of the African
Development Bank Act (22 U.S.C. 290i-9(a)) and part 288 of this
chapter;
    (E) The International Finance Corporation under Section 13(a) of
the International Finance Corporation Act (22 U.S.C. 282k(a)) and part
289 of this chapter; and
    (F) The European Bank for Reconstruction and Development under
Section 9(a) of the European Bank for Reconstruction and Development
Act (22 U.S.C. 290l-7(a)) and part 290 of this chapter;
    (xxix) A report or other document submitted by a foreign private
issuer under cover of Form 6-K (Sec.  249.306 of this chapter) that the
issuer must furnish and make public under the laws of the jurisdiction
in which the issuer is incorporated, domiciled or legally organized
(the foreign private issuer's ``home country''), or under the rules of
the home country exchange on which the issuer's securities are traded,
as long as the report or other document is not a press release, is not
required to be and has not been distributed to the issuer's security
holders, and, if discussing a material event, has already been the
subject of a Form 6-K or other Commission filing or submission on
EDGAR; and
    (xxx) Documents filed with the Commission pursuant to section 33 of
the Investment Company Act (15 U.S.C. 80a-32).
* * * * *
    (c) Documents that shall not be submitted in electronic format on
EDGAR. Except as otherwise specified in paragraph (d) of this section,
the following shall not be submitted in electronic format on EDGAR:
* * * * *

0
6. Amend Sec.  232.306 by revising the first sentence of paragraph (a)
and paragraphs (b) and (c) to read as follows:

Sec.  232.306   Foreign language documents and symbols.

    (a) All electronic filings and submissions must be in the English
language, except as otherwise provided by paragraphs (b) through (d) of
this section. * * *
    (b) When including an English summary or English translation of a
foreign language document in an electronic filing or submission, a
party may also submit a copy of the unabridged foreign language
document with the filing in the electronic format required by the EDGAR
Filer Manual. A filer must provide a copy of any foreign language
document upon the request of Commission staff.
    (c) A foreign government or its political subdivision must
electronically file a fair and accurate English translation, if
available, of its latest annual budget as presented to its legislative
body, as Exhibit B to Form 18 (Sec.  249.218 of this chapter) or
Exhibit (c) to Form 18-K (Sec.  249.318 of this chapter). If no English
translation is available, a foreign government or political subdivision
must submit a copy of the foreign language version of its latest annual
budget with the filing in the electronic format required by the EDGAR
Filer Manual.
* * * * *

0
7. Amend Sec.  232.311 by:
0
a. Revising paragraphs (b) and (c); and
0
b. Removing and reserving paragraphs (d) through (f).
    The revisions to read as follows:

Sec.  232.311   Documents submitted in paper under cover of Form SE.

* * * * *
    (b) The Form SE shall be submitted in the following manner:
    (1) If the subject of a temporary hardship exemption is an exhibit
only, the filer must file the exhibit and a Form TH (Sec. Sec.  239.65,
249.447, 269.1, and 274.404 of this chapter) under cover of Form SE
(Sec. Sec.  239.64, 249.444, 269.8, and 274.403 of this chapter) no
later than one business day after the date the exhibit was to be filed
electronically.
    (2) An exhibit filed pursuant to a continuing hardship exemption
may be filed up to six business days prior to, or on the date of filing
of, the electronic format document to which it relates but shall not be
filed after such filing date. If a paper document is submitted in this
manner, requirements that the document be filed with, provided with or
accompany the electronic filing shall be satisfied.
    (c) Any requirements as to delivery or furnishing the information
to persons other than the Commission shall not be affected by this
section.
* * * * *

0
8. Amend Sec.  232.405 by:
0
a. Revising the introductory text and paragraphs (a)(2) and (4);
0
b. Revising paragraph (b)(1)(ii);
0
c. Revising paragraph (c) introductory text and paragraph (e)
introductory text; and
0
d. Revising Note 1 to Sec.  232.405.
    The revisions read as follows:

Sec.  232.405   Interactive Data File submissions.

    This section applies to electronic filers that submit Interactive
Data Files. Section 229.601(b)(101) of this chapter (Item 601(b)(101)
of Regulation S-K), General Instruction F of Form 11-K (Sec.  249.311),
paragraph (101) of Part II--Information Not Required to be Delivered to
Offerees or Purchasers of Form F-10 (Sec.  239.40 of this chapter),
paragraph 101 of the Instructions as to Exhibits of Form 20-F (Sec.
249.220f of this chapter), paragraph B.(15) of the General Instructions
to Form 40-F (Sec.  249.240f of this chapter), paragraph C.(6) of the
General Instructions to Form 6-K (Sec.  249.306 of this chapter), and
General Instruction C.3.(g) of Form N-1A (Sec. Sec.  239.15A and
274.11A of this chapter), General Instruction I of Form N-2 (Sec. Sec.
239.14 and 274.11a-1 of this chapter), General Instruction C.3.(h) of
Form N-3 (Sec. Sec.  239.17a and 274.11b of this chapter), General
Instruction C.3.(h) of Form N-4 (Sec. Sec.  239.17b and 274.11c of this
chapter), General Instruction C.3.(h) of Form N-6 (Sec. Sec.  239.17c
and 274.11d of this chapter), and General Instruction C.4 of Form N-CSR
(Sec. Sec.  249.331 and 274.128 of this chapter) specify when
electronic filers are required or permitted to submit an Interactive
Data File (Sec.  232.11), as further described in note 1 to this
section. This section imposes content, format and submission
requirements for an Interactive Data File, but does not change the
substantive content requirements for the financial and other
disclosures in the Related Official Filing (Sec.  232.11).
    (a) * * *
    (2) Be submitted only by an electronic filer either required or
permitted to submit an Interactive Data File as specified by Sec.
229.601(b)(101) of this

chapter (Item 601(b)(101) of Regulation S-K), General Instruction F of
Form 11-K (Sec.  249.311), paragraph (101) of Part II--Information Not
Required to be Delivered to Offerees or Purchasers of Form F-10 (Sec.
239.40 of this chapter), paragraph 101 of the Instructions as to
Exhibits of Form 20-F (Sec.  249.220f of this chapter), paragraph
B.(15) of the General Instructions to Form 40-F (Sec.  249.240f of this
chapter), paragraph C.(6) of the General Instructions to Form 6-K
(Sec.  249.306 of this chapter), General Instruction C.3.(g) of Form N-
1A (Sec. Sec.  239.15A and 274.11A of this chapter), General
Instruction I of Form N-2 (Sec. Sec.  239.14 and 274.11a-1 of this
chapter), General Instruction C.3.(h) of Form N-3 (Sec. Sec.  239.17a
and 274.11b of this chapter), General Instruction C.3.(h) of Form N-4
(Sec. Sec.  239.17b and 274.11c of this chapter), General Instruction
C.3.(h) of Form N-6 (Sec. Sec.  239.17c and 274.11d of this chapter),
or General Instruction C.4 of Form N-CSR (Sec. Sec.  249.331 and
274.128 of this chapter), as applicable;
* * * * *
    (4) Be submitted in accordance with the EDGAR Filer Manual and, as
applicable, Item 601(b)(101) of Regulation S-K (Sec.  229.601(b)(101)
of this chapter), General Instruction F of Form 11-K (Sec.  249.311 of
this chapter), paragraph (101) of Part II--Information Not Required to
be Delivered to Offerees or Purchasers of Form F-10 (Sec.  239.40 of
this chapter), paragraph 101 of the Instructions as to Exhibits of Form
20-F (Sec.  249.220f of this chapter), paragraph B.(15) of the General
Instructions to Form 40-F (Sec.  249.240f of this chapter), paragraph
C.(6) of the General Instructions to Form 6-K (Sec.  249.306 of this
chapter), General Instruction C.3.(g) of Form N-1A (Sec. Sec.  239.15A
and 274.11A of this chapter), General Instruction I of Form N-2
(Sec. Sec.  239.14 and 274.11a-1 of this chapter), General Instruction
C.3.(h) of Form N-3 (Sec. Sec.  239.17a and 274.11b of this chapter),
General Instruction C.3.(h) of Form N-4 (Sec. Sec.  239.17b and 274.11c
of this chapter), General Instruction C.3.(h) of Form N-6 (Sec. Sec.
239.17c and 274.11d of this chapter); or General Instruction C.4 of
Form N-CSR (Sec. Sec.  249.331 and 274.128 of this chapter).
* * * * *
    (b) * * *
    (1) * * *
    (ii) As applicable, all schedules set forth in Article 6A of
Regulation S-X (Sec. Sec.  210.6A-01-210.6A-05) and Article 12 of
Regulation S-X (Sec. Sec.  210.12-01-210.12-29), and all schedules
prepared by plans in accordance with the financial reporting
requirements of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) and filed with the Commission on Form 11-K (Sec.
249.311).
* * * * *
    (c) Format--Generally. An Interactive Data File must comply with
the following requirements, except as modified by paragraph (d) or (e)
of this section, as applicable, with respect to the corresponding data
in the Related Official Filing consisting of footnotes to financial
statements or financial statement schedules as set forth in Article 6A
of Regulation S-X, Article 12 of Regulation S-X or the financial
reporting requirements of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1001 et seq.), as applicable:
* * * * *
    (e) Format--Schedules--Generally. The part of the Interactive Data
File for which the corresponding data in the Related Official Filing
consists of financial statement schedules as set forth in 17 CFR
210.6A-01 through 210.6A-05) (Article 6A of Regulation S-X), Sec. Sec.
210.12-01 through 210.12-29 of this chapter (Article 12 of Regulation
S-X), or the financial reporting requirements of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), as
applicable, must comply with the requirements of paragraphs (c)(1) and
(2) of this section, as modified by this paragraph (e). Such financial
statement schedules must be tagged as follows:
* * * * *
    Note 1 to Sec.  232.405: Section 229.601(b)(101) of this chapter
(Item 601(b)(101) of Regulation S-K) specifies the circumstances under
which an Interactive Data File must be submitted and the circumstances
under which it is permitted to be submitted, with respect to Sec.
239.11 of this chapter (Form S-1), Sec.  239.13 of this chapter (Form
S-3), Sec.  239.25 of this chapter (Form S-4), Sec.  239.18 of this
chapter (Form S-11), Sec.  239.31 of this chapter (Form F-1), Sec.
239.33 of this chapter (Form F-3), Sec.  239.34 of this chapter (Form
F-4), Sec.  249.310 of this chapter (Form 10-K), Sec.  249.308a of this
chapter (Form 10-Q), and Sec.  249.308 of this chapter (Form 8-K).
General Instruction F of Sec.  249.311 of this chapter (Form 11-K)
specifies the circumstances under which an Interactive Data File must
be submitted, and the circumstances under which it is permitted to be
submitted, with respect to Form 11-K. Paragraph (101) of Part II--
Information not Required to be Delivered to Offerees or Purchasers of
Sec.  239.40 of this chapter (Form F-10) specifies the circumstances
under which an Interactive Data File must be submitted and the
circumstances under which it is permitted to be submitted, with respect
to Form F-10. Paragraph 101 of the Instructions as to Exhibits of Sec.
249.220f of this chapter (Form 20-F) specifies the circumstances under
which an Interactive Data File must be submitted and the circumstances
under which it is permitted to be submitted, with respect to Form 20-F.
Paragraph B.(15) of the General Instructions to Sec.  249.240f of this
chapter (Form 40-F) and Paragraph C.(6) of the General Instructions to
Sec.  249.306 of this chapter (Form 6-K) specify the circumstances
under which an Interactive Data File must be submitted and the
circumstances under which it is permitted to be submitted, with respect
to Sec.  249.240f of this chapter (Form 40-F) and Sec.  249.306 of this
chapter (Form 6-K). Section 229.601(b)(101) (Item 601(b)(101) of
Regulation S-K), paragraph (101) of Part II--Information not Required
to be Delivered to Offerees or Purchasers of Form F-10, paragraph 101
of the Instructions as to Exhibits of Form 20-F, paragraph B.(15) of
the General Instructions to Form 40-F, and paragraph C.(6) of the
General Instructions to Form 6-K all prohibit submission of an
Interactive Data File by an issuer that prepares its financial
statements in accordance with 17 CFR 210.6-01 through 210.6-10 (Article
6 of Regulation S-X). For an issuer that is a management investment
company or separate account registered under the Investment Company Act
of 1940 (15 U.S.C. 80a et seq.) or a business development company as
defined in Section 2(a)(48) of the Investment Company Act of 1940 (15
U.S.C. 80a-2(a)(48)), General Instruction C.3.(g) of Form N-1A
(Sec. Sec.  239.15A and 274.11A of this chapter), General Instruction I
of Form N-2 (Sec. Sec.  239.14 and 274.11a-1 of this chapter), General
Instruction C.3.(h) of Form N-3 (Sec. Sec.  239.17a and 274.11b of this
chapter), General Instruction C.3.(h) of Form N-4 (Sec. Sec.  239.17b
and 274.11c of this chapter), General Instruction C.3.(h) of Form N-6
(Sec. Sec.  239.17c and 274.11d of this chapter), and General
Instruction C.4 of Form N-CSR (Sec. Sec.  249.331 and 274.128 of this
chapter), as applicable, specifies the circumstances under which an
Interactive Data File must be submitted.

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
9. The authority citation for part 239 continues to read in part as
follows:

    Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m, 78n, 78o(d), 78o-7 note, 78u-5, 78w(a), 78ll,
78mm, 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26,
80a-29, 80a-30,

and 80a-37; and sec. 107, Pub. L. 112-106, 126 Stat. 312, unless
otherwise noted.
* * * * *
    Sections 239.63 and 239.64 are also issued under 15 U.S.C. 77f,
77g, 77h, 77j, 77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d),
78w(a), 80a-8, 80a-24, 80a-29, and 80a-37.

0
10. Amend Form F-10 (referenced in Sec.  239.40) by revising General
Instruction II.L to read as follows:

    Note: The text of Form F-10 does not, and this amendment will
not, appear in the Code of Federal Regulations.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

FORM F-10

REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933

* * * * *

GENERAL INSTRUCTIONS

* * * * *
    II. * * *
    L. Where the offering registered on this Form is being made
pursuant to the home jurisdiction's shelf prospectus offering
procedures or procedures for pricing offerings after the final receipt
has been issued, each supplement to, or supplemented version of, the
home jurisdiction disclosure document(s) prepared under such procedures
shall be filed with the Commission in electronic format via the EDGAR
system within one business day after such supplement or supplemented
version is filed with the principal jurisdiction. Such filings shall be
deemed not to constitute amendments to this registration statement.
Each such filing shall contain in the upper right hand corner of the
cover page the following legend, which may be set forth in longhand if
legible: ``Filed pursuant to General Instruction II.L. of Form F-10;
File No. 33--[insert number of the registration statement].''
    Note: Offerings registered on this Form, whether or not made
contemporaneously in Canada, may be made pursuant to National Policy
Statement No. 44 shelf prospectus offering procedures and procedures
for pricing offerings after the final receipt has been issued. Rules
415 and 430A under the Securities Act are not available for offerings
registered on this Form.
* * * * *

0
11. Amend Form F-X (referenced in Sec.  239.42) by:
0
a. Revising the introductory text to General Instruction II;
0
b. Removing General Instruction II.B.(2) and the corresponding Note on
the cover page; and
0
c. Redesignating General Instruction II.B.(3) as General Instruction
II.B.(2).
    The revisions to read as follows:

    Note:  The text of Form F-X does not, and this amendment will
not, appear in the Code of Federal Regulations.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

FORM F-X

APPOINTMENT OF AGENT FOR SERVICE OF PROCESS AND UNDERTAKING

* * * * *

GENERAL INSTRUCTIONS

* * * * *
    II. A filer must file the Form F-X in electronic format via the
Commission's Electronic Data Gathering, Analysis, and Retrieval (EDGAR)
system in accordance with the EDGAR rules set forth in Regulation S-T
(17 CFR part 232). For assistance with EDGAR issues, please consult the
EDGAR--Information for Filers web page on SEC.gov.
* * * * *

0
12. Amend Form SE (referenced in Sec. Sec.  239.64, 249.444, 269.8, and
274.403) by:
0
a. On the cover page removing the text ``__ Rule 311 (Permitted Paper
Exhibit)'';
0
b. Revising paragraph 1.A of the General Instructions; and
0
c. Revising the first sentence of paragraph 3.B of the General
Instructions.
    The revisions to read as follows:

    Note:  The text of Form SE does not, and this amendment will
not, appear in the Code of Federal Regulations.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

FORM SE

FORM FOR SUBMISSION OF PAPER FORMAT EXHIBITS BY EDGAR ELECTRONIC FILERS

* * * * *

FORM SE GENERAL INSTRUCTIONS

    1. * * *
    A. Electronic filers must use this form to submit any paper format
exhibit under the Securities Act of 1933, the Securities Exchange Act
of 1934, the Trust Indenture Act of 1939, or the Investment Company Act
of 1940, provided that the submission of such exhibit in paper is
permitted under Rule 201 or 202 of Regulation S-T (Sec. Sec.  232.201
or 232.202 of this chapter).
* * * * *
    3. * * *
    B. If you are filing the exhibit under a continuing hardship
exemption under Rule 202 of Regulation S-T (Sec.  232.202 of this
chapter), you may file the exhibit in paper under cover of Form SE up
to six business days before or on the date of filing of the electronic
format document to which it relates; you may not file the exhibit after
the filing date of the electronic document to which it relates. * * *
* * * * *

0
13. Amend Sec.  239.144 by revising paragraph (a) to read as follows:
    (a) Except as indicated in paragraph (b) of this section, each
person who intends to sell securities in reliance upon Sec.  230.144 of
this chapter shall file this form in electronic format by means of the
Commission's Electronic Data, Gathering, Analysis, and Retrieval system
(EDGAR) in accordance with the EDGAR rules set forth in Regulation S-T
(17 CFR part 232 of this chapter).
* * * * *

0
14. Amend Form 144 (referenced in Sec.  239.144) by:
0
a. Removing the text ``ATTENTION: Transmit for filing 3 copies of this
form concurrently with either placing an order with a broker to execute
sale or executing a sale directly with a market maker.'' and add in its
place ``ATTENTION: This form must be filed in electronic format by
means of the Commission's Electronic Data Gathering, Analysis, and
Retrieval system (EDGAR) in accordance with the EDGAR rules set forth
in Regulation S-T (17 CFR part 232), except that where the issuer of
the securities is not subject to the reporting requirements of section
13 or 15(d) of the Exchange Act, this form must be filed in accordance
with Securities Act Rule 144(h)(2). For assistance with EDGAR issues,
please consult the EDGAR--Information for Filers web page on SEC.gov;
0
b. Removing the text ``INSTRUCTION: The person filing this notice
should contact the issuer to obtain the I.R.S. Identification Number
and the SEC. File Number.'' and add in its place ``INSTRUCTION: The
filer should contact the issuer to obtain the SEC. File Number.'';
0
c. Removing the data field box ``1(b)'';
0
d. Redesignating the data field boxes 1(c) through 1(e) as 1(b) through
1(d);
0
e. Removing the data field box ``2(c)'';
0
f. Removing Instructions 1(b) and 2(c);
0
g. Redesignating Instructions 1(c) through 1(e) as 1(b) through 1(d);
and

    Note:  The text of Form 144 does not and this amendment will not
appear in the Code of Federal Regulations.

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
15. The authority citation for part 240 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78c-5, 78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4,
78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78dd, 78ll, 78mm,
80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et
seq., and 8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C.
1350; Pub. L. 111-203, 939A, 124 Stat. 1376 (2010); and Pub. L. 112-
106, sec. 503 and 602, 126 Stat. 326 (2012), unless otherwise noted.
* * * * *
    Sections 240.14a-3, 240.14a-13, 240.14b-1 and 240.14c-7 also
issued under secs. 12, 14 and 17, 15 U.S.C. 781, 78n and 78g;
    Sections 240.14c-1 to 240.14c-101 also issued under sec. 14, 48
Stat. 895; 15 U.S.C. 78n;
* * * * *

0
16. Amend Sec.  240.12d1-3 by revising paragraph (c) to read as
follows:

Sec.  240.12d1-3   Requirements as to certification.

* * * * *
    (c) The certification must be filed in electronic format via the
Commission's Electronic Data Gathering, Analysis, and Retrieval (EDGAR)
system in accordance with the EDGAR rules set forth in Sec.  232 of
this chapter (Regulation S-T).
0
17. Amend Sec.  240.14a-3 by revising paragraph (c) to read as follows:

Sec.  240.14a-3   Information to be furnished to security holders.

* * * * *
    (c) The report sent to security holders pursuant to this rule shall
be submitted in electronic format, in accordance with the EDGAR Filer
Manual, to the Commission, solely for its information, not later than
the date on which such report is first sent or given to security
holders or the date on which preliminary copies, or definitive copies,
if preliminary filing was not required, of solicitation material are
filed with the Commission pursuant to Sec.  240.14a-6, whichever date
is later. The report is not deemed to be ``soliciting material'' or to
be ``filed'' with the Commission or subject to this regulation
otherwise than as provided in this Rule, or to the liabilities of
section 18 of the Act, except to the extent that the registrant
specifically requests that it be treated as a part of the proxy
soliciting material or incorporates it in the proxy statement or other
filed report by reference.
* * * * *

0
18. Amend Sec.  240.14c-3 by revising paragraph (b) to read as follows:

Sec.  240.14c-3   Annual report to be furnished security holders.

* * * * *
    (b) The report sent to security holders pursuant to this rule shall
be submitted in electronic format, in accordance with the EDGAR Filer
Manual, to the Commission, solely for its information, not later than
the date on which such report is first sent or given to security
holders or the date on which preliminary copies, or definitive copies,
if preliminary filing was not required, of the information statement
are filed with the Commission pursuant to Sec.  240.14c-5, whichever
date is later. The report is not deemed to be ``filed'' with the
Commission or subject to this regulation otherwise than as provided in
this rule, or to the liabilities of section 18 of the Act, except to
the extent that the registrant specifically requests that it be treated
as a part of the information statement or incorporates it in the
information statement or other filed report by reference.
* * * * *

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
19. The authority citation for part 249 continues to read in part as
follows:

    Authority:  15 U.S.C. 78a et seq. and 7201 et seq.; 12 U.S.C.
5461 et seq.; 18 U.S.C. 1350; Sec. 953(b) Pub. L. 111-203, 124 Stat.
1904; Sec. 102(a)(3) Pub. L. 112-106, 126 Stat. 309 (2012), Sec. 107
Pub. L. 112-106, 126 Stat. 313 (2012), and Sec. 72001 Pub. L. 114-
94, 129 Stat. 1312 (2015), and secs. 2 and 3 Pub. L. 116-222, 134
Stat. 1063 (2020), unless otherwise noted.

    Section 249.220f is also issued under secs. 3(a), 202, 208, 302,
306(a), 401(a), 401(b), 406 and 407, Public Law 107-204, 116 Stat.
745, and secs. 2 and 3, Public Law 116-222, 134 Stat. 1063.
    Section 249.240f is also issued under secs. 3(a), 202, 208, 302,
306(a), 401(a), 406 and 407, Public Law 107-204, 116 Stat. 745.
* * * * *
    Section 249.310 is also issued under secs. 3(a), 202, 208, 302,
406 and 407, Public Law 107-204, 116 Stat. 745.
* * * * *

0
20. Amend Form 20-F (referenced in Sec.  249.220f) by adding Item 10.J
to read as follows:

    Note:  The text of Form 20-F does not, and this amendment will
not, appear in the Code of Federal Regulations.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

FORM 20-F

* * * * *

PART I

* * * * *
    Item 10. * * *
    J. Annual Report to Security Holders. If a registrant is required
to provide an annual report to security holders in response to the
requirements of Form 6-K (Sec.  249.306 of this chapter), the
registrant must submit the annual report to security holders in
electronic format in accordance with the EDGAR Filer Manual.
* * * * *

0
21. Amend Form 40-F (referenced in Sec.  249.240f) by revising General
Instruction B.(3) to read as follows:

    Note:  The text of Form 40-F does not, and this amendment will
not, appear in the Code of Federal Regulations.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

FORM 40-F

* * * * *

GENERAL INSTRUCTIONS

* * * * *
    B. * * *
    (3) Registrants reporting pursuant to Section 13(a) or 15(d) of the
Exchange Act should file under cover of this form the annual
information form required under Canadian law and the Registrant's
audited annual financial statements and accompanying management's
discussion and analysis. Registrants shall furnish under the cover of
Form 6-K all other information material to an investment decision that
a Registrant:
    (i) makes or is required to make public pursuant to the law of the
jurisdiction of its domicile,
    (ii) filed or is required to file with a stock exchange on which
its securities are traded, or
    (iii) distributes or is required to distribute to its security
holders.
    Note to paragraphs (1) and (3) of General Instruction B: If General
Instructions B.(1) or (3) of this Form require a registrant to furnish
an annual report to security holders, the registrant shall satisfy this
requirement by promptly submitting an English version of its annual
report to security holders in electronic format in accordance with the
EDGAR Filer Manual.
* * * * *

0
22. Amend Form 6-K (referenced in Sec.  249.306) by:
0
a. On the cover page removing the text ``Indicate by check mark if the
registrant is submitting the Form 6-K in paper as permitted by
Regulation S-T Rule 101(b)(1): __
    Note: Regulation S-T Rule 101(b)(1) only permits the submission in
paper of a Form 6-K if submitted solely to provide an attached annual
report to security holders.
    Indicate by check mark if the registrant is submitting the Form 6-K
in paper as permitted by Regulation S-T Rule 101(b)(7): __
    Note: Regulation S-T Rule 101(b)(7) only permits the submission in
paper of a Form 6-K if submitted to furnish a report or other document
that the registrant foreign private issuer must furnish and make public
under the laws of the jurisdiction in which the registrant is
incorporated, domiciled or legally organized (the registrant's ``home
country''), or under the rules of the home country exchange on which
the registrant's securities are traded, as long as the report or other
document is not a press release, is not required to be and has not been
distributed to the registrant's security holders, and, if discussing a
material event, has already been the subject of a Form 6-K submission
or other Commission filing on EDGAR.''; and
0
b. Revising paragraph C(2) of the General Instructions;
0
c. Revising paragraph C(3) of the General Instructions; and
0
d. Adding paragraph C(7) of the General Instructions.
    The revisions and additions to read as follows:

    Note:  The text of Form 6-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

FORM 6-K

REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULES 13a-16 OR 15d-16
UNDER THE SECURITIES EXCHANGE ACT OF 1934

* * * * *

GENERAL INSTRUCTIONS

* * * * *
    C. * * *
    (2) An issuer may submit a Form 6-K in paper under a hardship
exemption provided by Rules 201 or 202 of Regulation S-T (17 CFR
232.201 or 232.202).
    Note to paragraph (2): An issuer that is or will be incorporating
by reference all or part of an annual or other report to security
holders, or of any part of a paper Form 6-K, into an electronic filing
must file the incorporated portion in electronic format as an exhibit
to the filing in accordance with Rule 303(b) of Regulation S-T (17 CFR
232.303(b)).
    (3) When submitting a Form 6-K in paper under a hardship exemption,
an issuer must provide the appropriate legend required by either Rule
201(a)(2) or Rule 202(c) of Regulation S-T (17 CFR 232.201(a)(2) or
232.202(c)) on the cover page of the Form 6-K.
* * * * *
    (7) Annual Report to Security Holders. If General Instruction B of
this form requires an issuer to furnish an annual report to security
holders, the issuer shall satisfy this requirement by promptly
submitting an English version of its annual report to security holders
in electronic format in accordance with the EDGAR Filer Manual.
* * * * *

0
23. Amend Form 10-K (referenced in Sec.  249.310) by revising paragraph
(a) that follows the text ``Supplemental Information to be Furnished
With Reports Filed Pursuant to Section 15(d) of the Act by Registrants
Which Have Not Registered Securities Pursuant to Section 12 of the
Act''.
    The revision reads as follows:

    Note:  The text of Form 10-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

    (a) Except to the extent that the materials enumerated in (1) and/
or (2) below are specifically incorporated into this Form by reference,
every registrant which files an annual report on this Form pursuant to
Section 15(d) of the Act must furnish to the Commission for its
information at the time of filing its report on this form, an
electronic submission in accordance with the EDGAR Filer Manual, of the
following:
* * * * *

0
24. Amend Form 11-K (referenced in Sec.  249.311) by:
0
a. Revising General Instruction E; and
0
b. Adding paragraph 5 of Required Information.
    The revisions and additions to read as follows:

    Note:  The text of Form 11-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

FORM 11-K

FOR ANNUAL REPORTS OF EMPLOYEE STOCK PURCHASE, SAVINGS AND SIMILAR
PLANS PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

* * * * *

GENERAL INSTRUCTIONS

* * * * *

E. Electronic Filers

    Reports on this Form must be filed in electronic format. See Rule
101(a)(xxvi) of Regulation S-T (Sec.  232.101(a)(xxvi) of this
chapter).

F. Interactive Data

    All financial statements and schedules required to be included on
this report on Form 11-K, including any financial statements and
schedules included as an exhibit to this report pursuant to General
Instruction D, must be provided as an Interactive Data File in
accordance with Rule 405 of Regulation S-T (Sec.  232.405 of this
chapter).
* * * * *
* * * * *

0
25. Amend Form CB (referenced in Sec.  239.800 and Sec.  249.480) by:
0
a. Removing the line ``Filed or submitted in paper if permitted by
Regulation S-T Rule 101(b)(8) [ ]'' and the corresponding Note on the
cover page; and
0
b. Removing General Instruction II.A.(2) and redesignating General
Instruction II.A.(3) and (4) as General Instruction II.A.(2) and (3).

    By the Commission.

    Dated: June 2, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-12253 Filed 6-9-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Proposed Rules]
[Pages 30377-30380]
[FR Doc No: 2018-13782]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0555; Product Identifier 2017-NM-152-AD]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
BAE Systems (Operations) Limited Model 4101 airplanes. This proposed AD
was prompted by a report of an improperly installed spacer around the
electrical pins in the cartridge connector for the fire bottle
extinguisher cartridge. This proposed AD would require repetitive
inspections for excessive or missing spacers, and applicable corrective

actions. We are proposing this AD to address the unsafe condition on
these products.

DATES: We must receive comments on this proposed AD by August 13, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
[email protected]; internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0555; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, 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: Todd Thompson, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0555;
Product Identifier 2017-NM-152-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2017-0212, dated October 25, 2017 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all BAE Systems (Operations) Limited
Model 4101 airplanes. The MCAI states:

    During scheduled maintenance (fire bottle extinguisher cartridge
resistance check) it was noted that on the extinguisher cartridge,
the blue spacer around the electrical pins appeared to be located
too far forward. It was discovered that, inadvertently, an
additional spacer (possibly from a previous extinguisher cartridge)
was located in the extinguisher cartridge connector. This
effectively shortens the electrical pins in the cartridge connector,
which could result in insufficient engagement with the associated
sockets on the aeroplane connector. A missing spacer would not
affect the electrical connection between the extinguisher cartridge
and the aeroplane wiring, but could allow moisture ingress over
time.
    Both conditions, if not detected and corrected, could prevent
the fire extinguisher bottle from discharging when required,
possibly resulting in damage to the aeroplane and injury to
occupants.
    To address this potential unsafe condition, BAE Systems
(Operations) Ltd issued Service Bulletin (SB) J41-26-009, providing
inspection instructions to ensure that a single blue spacer is
fitted on the inside of the extinguisher cartridge connector.
    For the reason described above, this [EASA] AD requires a one-
time [general visual] inspection [and inspection after a maintenance
task that involves disconnection or re-connection of the electrical
connector] of the extinguisher cartridge electrical connector and
the aeroplane's electrical connector and, depending on findings,
removal of excessive spacers or replacement of the fire extinguisher
bottle.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0555.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Service Bulletin J41-
26-009, dated November 23, 2016. This service information describes
procedures for a general visual inspection of the cartridge electrical
connector and the aircraft electrical connector for missing or
excessive spacers, and corrective actions including removing excessive
spacers or replacing the fire bottle extinguisher cartridge. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to 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.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $340
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                      Labor cost                                Parts cost                 Cost per product
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.....................  Up to $1,734................  Up to $1,819.
----------------------------------------------------------------------------------------------------------------

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

BAE Systems (Operations) Limited: Docket No. FAA-2018-0555; Product
Identifier 2017-NM-152-AD.

(a) Comments Due Date

    We must receive comments by August 13, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BAE Systems (Operations) Limited Model 4101
airplanes, certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire
protection.

(e) Reason

    This AD was prompted by a report of an improperly installed
spacer around the electrical pins in the cartridge connector for the
fire bottle extinguisher cartridge. We are issuing this AD to detect
and correct excessive or missing spacers, which could result in the
fire extinguisher bottle not discharging when required, possibly
resulting in damage to the airplane.

(f) Compliance

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

(g) Inspection

    Within 12 months after the effective date of this AD, do a
general visual inspection of the inside of the cartridge electrical
connector and the inside of the airplane electrical connector in
accordance with the Accomplishment Instructions of the BAE Systems
(Operations) Limited Service Bulletin J41-26-009, dated November 23,
2016.

(h) Inspections After Maintenance

    As of the effective date of this AD, before further flight after
each accomplishment of a maintenance task involving disconnection or
(re-)connection of an electrical connector of a fire bottle
extinguisher cartridge, do a general visual inspection of the inside
of the cartridge electrical connector and the inside of the airplane
electrical connector in accordance with the Accomplishment
Instructions of BAE Systems (Operations) Limited Service Bulletin
J41-26-009, dated November 23, 2016.

(i) Corrective Actions

    (1) If, during any inspection as required by paragraph (g) or
(h) of this AD, as applicable, more than one spacer is found inside
the cartridge electrical connector: Before further flight, remove
the excessive spacer(s) from the inside of the cartridge electrical
connector in accordance with the Accomplishment Instructions of BAE
Systems (Operations) Limited Service Bulletin J41-26-009, dated
November 23, 2016.
    (2) If, during any inspection as required by paragraph (g) or
(h) of this AD, as applicable, one or more spacers are found inside
the airplane electrical connector: Before further flight, remove all
spacers from the inside of the airplane electrical connector in
accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Service Bulletin J41-26-009, dated November 23,
2016.
    (3) If, during any inspection as required by paragraph (g) or
(h) of this AD, as applicable, no blue spacer is found inside the
cartridge electrical connector body: Before further flight, replace
the cartridge in accordance with the Accomplishment Instructions of
the BAE Systems (Operations) Limited Service Bulletin J41-26-009,
dated November 23, 2016.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or BAE Systems (Operations) Limited's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0212, dated October 25, 2017; for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0555.
    (2) For more information about this AD, contact Todd Thompson,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
[email protected]; internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 19, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-13782 Filed 6-27-18; 8:45 am]
 BILLING CODE 4910-13-P


<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">

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From: Osborn, Kim
Sent:
Friday, November 03, 2006 5:29 PM
To: Burch, David; Hartman, Pamela;
Lee, Rodney (Mark)
Subject: FW: Date of when Samples were Taken at
Corpus Christi Concerning Heavy Metal Contamination in Highway Soils

Hi,<o:p></o:p>

<o:p> </o:p>

Jennifer contacted the
corresponding author of the <st1:City w:st="on"><st1:place w:st="on">Corpus
Christi</st1:place></st1:City> roadway soil paper, and he said that the samples
were taken in 1998. <o:p></o:p>

<o:p> </o:p>

Kim<o:p></o:p>

<o:p> </o:p>

From: Thomas,
Jennifer
Sent: Friday,
November 03, 2006 9:53 AM
To:
Osborn, Kim
Subject: FW: Date
of when Samples were Taken at Corpus Christi Concerning Heavy Metal
Contamination in Highway Soils<o:p></o:p>

<o:p> </o:p>

Here is the response
concerning the date for the <st1:place w:st="on"><st1:City w:st="on">Corpus
Christi</st1:City></st1:place> paper (October 18,
1998).<o:p></o:p>

<o:p> </o:p>

Jennifer
Thomas<o:p></o:p>

Phone:
703-218-2716<o:p></o:p>

Fax:
703-934-3740<o:p></o:p>

From: Barry
<EMAIL_ADDRESS>
Sent: Friday, November 03, 2006 9:23
AM
To: <st1:PersonName
w:st="on">Thomas, Jennifer</st1:PersonName>
Subject: Re: Date of when Samples were
Taken at Corpus Christi Concerning Heavy Metal Contamination in Highway
Soils<o:p></o:p>

<o:p> </o:p>

At 07:18 AM 11/3/2006, you
wrote:<o:p></o:p>

Hello Mr. Maynard,

My
name is Jennifer Thomas, a research assistant for ICF International, and I am
working with EPA to review a lead NAAQS document where we will compile
an Air Quality Criteria Document which
will provide an assessment of recent scientific information upon which the NAAQS
are to be based.   We are using your paper “Heavy metal contamination
in highway soils. Comparison of Corpus Christi, Texas and Cincinnati, Ohio shows
organic matter is key to mobility” to extract data from the Corpus Christi sites
(CC#1 and CC#2) however no date is given for when the samples were taken.
We are assuming that since the paper describes traffic volumes in <st1:place
w:st="on"><st1:City w:st="on">Corpus Christi</st1:City></st1:place> in 1998 that
this is also the same date for when the samples were taken.  Would our
assumption be correct?

Thank you in advance for taking the time to
clarify this question.
 <o:p></o:p>

Hi-

Thanks for your interest in
our work and sorry to have left that important information out of the paper. In
my field notes, I show October 18, 1998 for those samples.

Barry
Maynard

<o:p></o:p>

</X-SIGSEP><X-SIGSEP>J. Barry Maynard
Department of
Geology
<st1:place w:st="on"><st1:PlaceType
w:st="on">University</st1:PlaceType> of <st1:PlaceName
w:st="on">Cincinnati</st1:PlaceName></st1:place>
<st1:address
w:st="on"><st1:Street w:st="on">P. O. Box</st1:Street>
210013</st1:address>
<st1:place w:st="on"><st1:City
w:st="on">Cincinnati</st1:City> <st1:State w:st="on">OH</st1:State>
<st1:PostalCode w:st="on">45221-0013</st1:PostalCode> <st1:country-region
w:st="on">USA</st1:country-region></st1:place>
513-556-5034
513-556-3732
fax:
513-556-6931
http://homepages.uc.edu:8000/%7Emaynarjb/
courier
address: <st1:Street w:st="on"><st1:address w:st="on">345 College
Court</st1:address></st1:Street> Room
500<o:p></o:p>


[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Notices]
[Pages 28416-28417]
[FR Doc No: 2012-11533]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66941; File No. SR-CME-2012-06]

Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Order Approving Proposed Rule Change To Amend Rules Related to Credit
Default Swap Guaranty Fund Allocations, End-of-Day Pricing Procedures,
Daily Submission Deadlines, Holiday Accrual Processing, and the Price
Alignment Interest Payment Timeline

May 8, 2012.

I. Introduction

    On March 9, 2012, Chicago Mercantile Exchange (``CME'') filed with
the Securities and Exchange Commission (``Commission'') proposed rule
change SR-CME-2012-06 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The
proposed rule change was published for comment in the Federal Register
on March 29, 2012.\3\ The Commission received no comment letters
regarding this proposal. For the

reasons discussion below, the Commission is granting approval of the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Release No. 34-66646 (March 22, 2012), 77 FR 19045 (March
29, 2012).
---------------------------------------------------------------------------

II. Description

    CME currently offers clearing services for certain credit default
swap (``CDS'') index products. CME proposes to amend certain of its
rules that would generally affect its CDS clearing offering and to make
corresponding amendments to certain sections of its Manual of
Operations for CME Cleared Credit Default Swaps (``CDS Manual''). The
rule amendments would modify CME's CDS guaranty fund allocation
methodology, end-of-day pricing procedures, daily submission deadlines,
holiday accrual processing, and the timeline for price alignment
interest (``PAI'') payment timeline.
    The proposed changes to text in the CME rulebook would amend
current requirements found in CME Rule 8H07.1 relating to the
allocation of the CDS guaranty fund requirements among CDS clearing
members. Currently, CME calculates its guaranty fund monthly and
proportionally allocates to each CDS clearing member a guaranty fund
requirement based on the CDS clearing member's 90-day trailing average
of its potential residual loss and 90-day trailing average of its gross
notional open interest outstanding at CME. CME is proposing to change
the measurement period from 90 days to 30 days so that a CME clearing
member's CDS guaranty fund requirement more quickly react to the CDS
clearing member's current activity and to align the measurement period
with the frequency of CDS guaranty fund calculations.
    The proposed changes to the text of the CDS Manual would modify
end-of-day pricing procedures including procedures for CDS price
submissions, crossing, and auction procedures that CME uses to arrive
at the settlement price for CDS contracts. Currently, CME requires CDS
clearing members to submit price levels for the full term structures of
all indices and single-name reference entities by seniority,
restructuring type, and currency eligible for clearing. If a CDS
clearing member chooses to submit price levels on a cleared contract in
which it does not hold open interest, CME hold that price submission as
tradable if a cross occurs and the submitted instrument is selected
pursuant to the auction process. However, under CME's current
procedures, submitted price levels for non-cleared instruments are
never actionable (i.e., tradable). CME is proposing to change it CDS
Manual to require CDS clearing members to submit price levels for all
cleared contracts in which they or their customers hold open interest.
For indices where CDS clearing members are required to submit the full
clearing eligible tenors of all indices, CME will only cross CDS
clearing members on the tenors in which the CDS clearing members or
their customers hold open interest. For single-name CDS, CME will
require CDS clearing members to submit mid price levels for the full
term structures for the 0, 0.5-, 1-, 2-, 3-, 4-, 5-, 7- and 10-year
tenors. However, CME may cross the CDS clearing members on any single-
name reference entity in which the CDS clearing members or their
customer(s) hold open interest irrespective of tenor.
    CME is also amending its CDS Manual to change (1) the daily
submission deadlines for CDS, (2) the CDS holiday accrual processing,
and (3) the PAI payment timeline. With respect to operations timelines
and reports, CME would move up the trade submission deadline for
current day trades from 7:59 p.m. ET to 6:59 p.m. ET. With respect to
position management, money calculations, and collateral, the revisions
to the CDS Manual would require on bank holidays in the country of
which the swap is denominated (e.g., Independence Day for U.S. Dollar
denominated CDS contracts), accrual processing would be included in the
processing for the next business day and would not occur on the
relevant bank holiday. In addition, CME would calculate and pay PAI for
CDS contracts on a daily basis as opposed to monthly.

III. Discussion

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\4\ In particular, Section 17A(b)(3)(F) \5\ of the Act
requires, among other things, that the rules of a clearing agency be
designed to assure the safeguarding of securities and funds which are
in the custody or control of the clearing agency or for which it is
responsible. By making CDS clearing members' guaranty fund requirements
be based on relatively more recent histories, the proposed amended rule
governing guaranty fund allocations should improve CME's ability to
react to CDS market dynamics and thereby should help CME better assure
the safeguarding of securities and funds which are in its custody or
control or for which it is responsible. As such, the proposed rule
change is consistent with the requirements of Section 17A(b)(3)(F) of
the Act. Also, the requirement that CDS clearing members submit pricing
for all tenors of clearing-eligible indices and for the full term
structure for single-name CDS should enhance CME's ability to derive
end-of-day settlement prices. In addition, because the operational
changes CME is proposing would generally require clearing members to
made trade submissions more promptly, require CME to calculate price
alignment more frequently, and clarify when price accrual processing
occurs in the event of a bank holiday, such a change should promote the
prompt and accurate clearance and settlement of securities transactions
and derivative agreements, contracts, and transactions and therefore is
consistent with the requirements of Section 17A(b)(3)(F) of the Act.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2)(C).
    \5\ 15 U.S.C. 78q-1(B)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds the proposal is
consistent with the requirements of the Act and in particular with the
requirements of 17A of the Act and the rules and regulations
thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-CME-2012-06), be, and hereby
is, approved.\6\
---------------------------------------------------------------------------

    \6\ 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.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-11533 Filed 5-11-12; 8:45 am]
BILLING CODE 8011-01-P