[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Rules and Regulations]
[Pages 13884-13887]
[FR Doc No: 2011-5894]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-1094]
RIN 1625-AA08

Special Local Regulation for Marine Event; Temporary Change of
Dates for Recurring Marine Event in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement period
of special local regulations for a recurring marine event in the Fifth
Coast Guard District. These regulations apply to four recurring marine
events that conduct a rescue at sea demonstration, an air show, a
swimming competition, and power boat races. Special local regulations
are necessary to provide for the safety of life on navigable waters
during these events. This action is intended to restrict vessel traffic
in a portion of the Severn River at Annapolis, MD, the Chester River
near Chestertown, MD, and Prospect Bay at Kent Island, MD during the
events.

DATES: This rule is effective from April 1, 2011 through September 1,
2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-1094 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-1094 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. Ronald L. Houck, Project Manager,
Coast Guard Sector Baltimore Waterways Management Division, telephone
410-576-2674, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 11, 2011, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulation for Marine Event; Temporary
Change of Dates for Recurring Marine Event in the Fifth Coast Guard
District'' in the Federal Register (76 FR 7). We received no comments
on the proposed rule. No public meeting was requested, and none was
held.

Basis and Purpose

    Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. The on water activities
that typically comprise marine events include sailing regattas, power
boat races, swim races and holiday parades. For a description of the
geographical area of Coast Guard Sector Baltimore--Captain of the Port
Zone, please see 33 CFR 3.25.
    This regulation temporarily changes the enforcement period of
special local regulations for recurring marine events within the Fifth
Coast Guard District. This regulation applies to four marine events
previously published at 33 CFR 100.501, Table to Sec.  100.501.
    The first event is the annual ``Safety at Sea Seminar,'' sponsored
by the U.S. Naval Academy, on the waters of the Severn River at
Annapolis, MD. The regulation at 33 CFR 100.501 is effective annually
for the Safety at Sea Seminar marine event. The event consists of
demonstrations of at sea rescues including surface and air platforms
held on and above the waters of the Severn River in Annapolis, MD.
Visual distress signal devices will be used and a helicopter with small
boats will be operating before a large fleet of spectator crafts.
Therefore, to ensure the safety of participants and support vessels, 33
CFR 100.501 would be enforced for the duration of the event. Under
provisions of 33 CFR 100.501, from 11 a.m. to 1:30 p.m. on April 2,
2011, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander. Vessel traffic may be
allowed to transit the regulated

area only when the Patrol Commander determines it is safe to do so.
    The second event is the annual ``Blue Angels Air Show,'' sponsored
by the U.S. Naval Academy, on the waters of the Severn River at
Annapolis, MD. The regulation at 33 CFR 100.501 is effective annually
for the Blue Angels Air Show marine event. The event consists of one
day for arrival and practice and a second day for the Air Show held
above the waters of the Severn River, at Annapolis, MD. High
performance military aircraft will conduct maneuvers before a large
fleet of spectator crafts. Therefore, to ensure the safety of
participants and support vessels, 33 CFR 100.501 would be enforced for
the duration of the event. Under provisions of 33 CFR 100.501, from
10:30 a.m. to 4 p.m. on May 24, 2011 and from 1:30 p.m. to 4 p.m. on
May 25, 2011, vessels may not enter the regulated area unless they
receive permission from the Coast Guard Patrol Commander. Vessel
traffic may be allowed to transit the regulated area only when the
Patrol Commander determines it is safe to do so.
    The third event is the annual ``Maryland Swim for Life,'' sponsored
by the District of Columbia Aquatics Club, on the waters of the Chester
River near Chestertown, MD. The regulation at 33 CFR 100.501 is
effective annually for the Maryland Swim for Life marine event. The
event is an open water swimming competition held on the waters of the
Chester River, near Chestertown, MD. Approximately 200 swimmers will
start from Rolph's Wharf and swim up-river 2.5 miles then swim down-
river returning back to Rolph's Wharf. A large fleet of support vessels
accompany the swimmers. Therefore, to ensure the safety of participants
and support vessels, 33 CFR 100.501 would be enforced for the duration
of the event. Under provisions of 33 CFR 100.501, from 5:30 a.m. to
2:30 p.m. on June 25, 2011, vessels may not enter the regulated area
unless they receive permission from the Coast Guard Patrol Commander.
Vessel traffic may be allowed to transit the regulated area only when
the Patrol Commander determines it is safe to do so.
    The fourth event is the annual ``Thunder on the Narrows,''
sponsored by the Kent Narrows Racing Association, on the waters of
Prospect Bay at Kent Island, MD. The regulation at 33 CFR 100.501 is
effective annually for the Thunder on the Narrows marine event. The
event consists of two days of power boat racing on the waters of
Prospect Bay, at Kent Island, MD. High performance power boats will
race on a designated course before a large fleet of spectator crafts.
Therefore, to ensure the safety of participants and support vessels, 33
CFR 100.501 would be enforced for the duration of the event. Under
provisions of 33 CFR 100.501, from 9:30 a.m. to 6:30 p.m. on June 25,
2011 and from 9:30 a.m. to 6:30 p.m. on June 26, 2011, vessels may not
enter the regulated area unless they receive permission from the Coast
Guard Patrol Commander. Vessel traffic may be allowed to transit the
regulated area only when the Patrol Commander determines it is safe to
do so.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this rule prevents traffic from transiting a portion of
certain waterways during specified events, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers, so
mariners can adjust their plans accordingly. Additionally, this
rulemaking does not change the permanent regulated areas that have been
published in 33 CFR 100.501, Table to Sec.  100.501. Furthermore, in
some cases vessel traffic may be able to transit the regulated area
when the Coast Guard Patrol Commander deems it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in the area where the marine event is being held.
This regulation will not have a significant impact on a substantial
number of small entities because it will be enforced only during marine
events that have been permitted by the Coast Guard Captain of the Port.
The Captain of the Port will ensure that small entities are able to
operate in the areas where events are occurring when it is safe to do
so. In some cases, vessels will be able to safely transit around the
regulated area at various times, and, with the permission of the Patrol
Commander, vessels may transit through the regulated area. Before the
enforcement period, the Coast Guard will issue maritime advisories so
mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves implementation of regulations
within 33 CFR part 100 applicable to organized marine events on the
navigable waters of the United States that could negatively impact the
safety of waterway users and shore side activities in the event area.
The category of water activities includes but is not limited to sail
boat regattas, boat parades, power boat racing, swimming events, crew
racing, canoe and sail board racing. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. In Sec.  100.501, suspend lines No. 13, No. 19, No. 21 and No. 23,
and add new heading and entries 65, 66, 67, and 68 in the Table to
Sec.  100.501 to read as follows:

Sec.  100.501-T05-1094  Special Local Regulations; Recurring Marine
Event in the Fifth Coast Guard District.

* * * * *
    Table To Sec.  100.501. All coordinates listed in the Table to
Sec.  100.501 reference Datum NAD 1983.
* * * * *

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        Number                       Date                              Event                              Sponsor                       Location
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Coast Guard Sector Baltimore--COTP Zone
--------------------------------------------------------------------------------------------------------------------------------------------------------
65...................  April 2, 2011..................  Safety at Sea Seminar.............  U.S. Naval Academy................  All waters of the Severn
                                                                                River from shoreline to
                                                                                shoreline, bounded to
                                                                                the northwest by a line
                                                                                drawn from the south
                                                                                shoreline at latitude
                                                                                39[deg]00'38.9'' N.,
                                                                                longitude
                                                                                076[deg]31'05.2'' W.
                                                                                thence to the north
                                                                                shoreline at latitude
                                                                                39[deg]00'54.7'' N.,
                                                                                longitude
                                                                                076[deg]30'44.8'' W.,
                                                                                this line is
                                                                                approximately 1300
                                                                                yards northwest of the
                                                                                U.S. 50 fixed highway
                                                                                bridge. The regulated
                                                                                area is bounded to the
                                                                                southeast by a line
                                                                                drawn from the Naval
                                                                                Academy Light at
                                                                                latitude
                                                                                38[deg]58'39.5'' N.,
                                                                                longitude
                                                                                076[deg]28'49'' W.
                                                                                thence southeast to a
                                                                                point 700 yards east of
                                                                                Chinks Point, MD, at
                                                                                latitude
                                                                                38[deg]58'1.9'' N.,
                                                                                longitude
                                                                                076[deg]28'1.7'' W.
                                                                                thence northeast to
                                                                                Greenbury Point at
                                                                                latitude 38[deg]58'29''
                                                                                N., longitude
                                                                                076[deg]27'16'' W.
66...................  May 24 and 25, 2011............  Blue Angels Air Show..............  U.S. Naval Academy................  All waters of the Severn
                                                                                River from shoreline to
                                                                                shoreline, bounded to
                                                                                the northwest by a line
                                                                                drawn from the south
                                                                                shoreline at latitude
                                                                                39[deg]00'38.9'' N.,
                                                                                longitude
                                                                                076[deg]31'05.2'' W.
                                                                                thence to the north
                                                                                shoreline at latitude
                                                                                39[deg]00'54.7'' N.,
                                                                                longitude
                                                                                076[deg]30'44.8'' W.,
                                                                                this line is
                                                                                approximately 1300
                                                                                yards northwest of the
                                                                                U.S. 50 fixed highway
                                                                                bridge. The regulated
                                                                                area is bounded to the
                                                                                southeast by a line
                                                                                drawn from the Naval
                                                                                Academy Light at
                                                                                latitude
                                                                                38[deg]58'39.5'' N.,
                                                                                longitude
                                                                                076[deg]28'49'' W.
                                                                                thence southeast to a
                                                                                point 700 yards east of
                                                                                Chinks Point, MD, at
                                                                                latitude
                                                                                38[deg]58'1.9'' N.,
                                                                                longitude
                                                                                076[deg]28'1.7'' W.
                                                                                thence northeast to
                                                                                Greenbury Point at
                                                                                latitude 38[deg]58'29''
                                                                                N., longitude
                                                                                076[deg]27'16'' W.
67...................  June 25, 2011..................  Maryland Swim for Life............  District of Columbia Aquatics Club  The waters of the
                                                                                Chester River from
                                                                                shoreline to shoreline,
                                                                                bounded on the south by
                                                                                a line drawn at
                                                                                latitude 39[deg]10'16''
                                                                                N., near the Chester
                                                                                River Channel Buoy 35
                                                                                (LLN-26795) and bounded
                                                                                on the north at
                                                                                latitude 39[deg]12'30''
                                                                                N. by the Maryland S.R.
                                                                                213 Highway Bridge.
68...................  June 25 and 26, 2011...........  Thunder on the Narrows............  Kent Narrows Racing Association...  All waters of Prospect
                                                                                Bay enclosed by the
                                                                                following points:
                                                                                Latitude
                                                                                38[deg]57'52.0'' N.,
                                                                                longitude
                                                                                076[deg]14'48.0'' W.,
                                                                                to latitude
                                                                                38[deg]58'02.0'' N.,
                                                                                longitude
                                                                                076[deg]15'05.0'' W.,
                                                                                to latitude
                                                                                38[deg]57'38.0'' N.,
                                                                                longitude
                                                                                076[deg]15'29.0'' W.,
                                                                                to latitude
                                                                                38[deg]57'28.0'' N.,
                                                                                longitude
                                                                                076[deg]15'23.0'' W.,
                                                                                to latitude
                                                                                38[deg]57'52.0'' N.,
                                                                                longitude
                                                                                076[deg]14'48.0'' W.
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    Dated: February 19, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2011-5894 Filed 3-14-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34864-34867]
[FR Doc No: 2016-12331]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0496; Directorate Identifier 2014-NM-101-AD;
Amendment 39-18533; AD 2016-11-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2005-18-18 for
certain The Boeing Company Model 757 airplanes. AD 2005-18-18 required
inspections of certain wire bundles in the left and right engine-to-
wing aft fairings for discrepancies; installation of back-to-back p-
clamps between the wire and hydraulic supply tube at the aft end of the
right-hand strut only; and associated re-routing of the wire bundles,
if necessary. This new AD also requires an installation of spiral cable
wrap on fuel shutoff valve (FSV) wires at the aft end of the strut, for
both left and right engines, and related investigative and corrective
actions. This AD was prompted by a determination that the service
information referenced in AD 2005-18-18 did not adequately address FSV
wires at the aft end of the struts. We are issuing this AD to prevent
chafing between the wire bundle and the structure of the aft fairing,
which could result in electrical arcing and subsequent ignition of
flammable vapors and a possible uncontrollable fire.

DATES: This AD is effective July 6, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 6, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of October
14, 2005 (70 FR 53554, September 9, 2005).

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA 98057. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. It is also available on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2015-0496.

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-2015-
0496; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: William Bond, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5253; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2005-18-18, Amendment 39-14258 (70 FR 53554,
September 9, 2005) (``AD 2005-18-18''). AD 2005-18-18 applied to
certain The Boeing Company Model 757-200, -200PF, -200CB, and -300
series airplanes. The NPRM published in the Federal Register on March
27, 2015 (80 FR 16318) (``the NPRM''). The NPRM was prompted by a
report that the service information referenced in AD 2005-18-18 did not
adequately address FSV wires at the aft end of the strut, for both left
and right engine struts. The NPRM proposed to continue to require
inspections of certain wire bundles in the left and right engine-to-
wing aft fairings for discrepancies; installation of back-to-back p-
clamps between the wire and hydraulic supply tube at the aft end of the
right-hand strut only; and associated re-routing of the wire bundles,
if necessary. The NPRM also proposed to require installation of
tetrafluoroethylene spiral cable wrap on the FSV wires at the aft end
of the strut that would provide additional wiring protection. We are
issuing this AD to prevent chafing between the wire bundle and the
structure of the aft

fairing, which could result in electrical arcing and subsequent
ignition of flammable vapors and a possible uncontrollable fire.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Clarify Certain Requirements

    Boeing requested clarification of the actions required by paragraph
(g) of the proposed AD. Boeing suggested that paragraph (g) of the
proposed AD be revised to add a statement to clarify that no further
work would be required if the requirements of AD 2005-18-18 have
already been accomplished.
    We agree to provide clarification. In paragraph (g) of this AD, we
restated the requirements of paragraph (f) of AD 2005-18-18. Paragraph
(f) of this AD states, ``Comply with this AD within the compliance
times specified, unless already done.'' If operators have already done
the actions required by paragraph (f) of AD 2005-18-18, they have
already done the actions required by paragraph (g) of this AD. If
operators have not already done the actions required by paragraph (g)
of this AD before the effective date of the AD, then they must use the
most recent revision of the service information. We have not changed
this AD in this regard.

Request To Clarify Certain Compliance Time Requirements

    Boeing requested clarification of the compliance times stated in
paragraph (h) of the proposed AD. Boeing stated that there is confusion
between ``Within 60 months after the effective date of this AD . . .
,'' as stated in the first sentence of the paragraph for the spiral
cable wrap installation, and ``. . . before further flight,'' as stated
in the second sentence for the related investigative and corrective
actions. Boeing suggested that the second sentence be deleted from
paragraph (h) of the proposed AD.
    We do not agree to revise paragraph (h) of this AD. The
installation of the spiral cable wrap includes related investigative
and corrective actions, i.e., doing inspections for damaged wire
bundles, repairing damaged wires, and testing certain fuel shutoff
wires. These related investigative and corrective actions must be done
before further flight after damage is found. We have not changed the AD
in this regard.

Request To Provide Credit for Required Service Information

    FedEx requested that the proposed AD be revised to add a paragraph
granting credit for accomplishing Boeing Service Bulletin 757-28A0073
or 757-28A0074, both Revision 2, both dated June 4, 2009, before the
effective date of the AD. FedEx stated that they had already
accomplished the requirements on airplanes in their fleet.
    We agree to clarify. The intent of paragraph (f) of this AD is to
provide relief for accomplishing the requirements of this AD before the
effective date of this AD. Therefore, this AD already includes the
credit requested by the commenter. We have not changed this AD in this
regard.

Request To Allow Credit for Previous AMOC Approvals

    United Airlines (UAL) requested that a paragraph be added to the
proposed AD to allow credit for all previously approved AMOC letters
that affect Boeing Service Bulletin 757-28A0073 or 757-28A0074.
    We do not agree to add a new paragraph to this AD. Credit is
already provided in paragraph (i)(4) of this AD, which specifies that
AMOCs approved for AD 2005-18-18 are also acceptable as AMOCs for the
corresponding provisions of paragraph (g) of this AD. (Paragraph (g) of
this AD restates the requirements of paragraph (f) of AD 2005-18-18.)
Paragraph (h) of this AD is a new requirement and AMOCs cannot be
approved for that paragraph until this AD is published. We have not
changed this AD in this regard.

Request To Provide Relief for Model 757-300 Airplanes Similar to Relief
Provided to Model 757-200 Airplanes

    UAL requested relief for Model 757-300 airplanes that is similar to
that provided to the Model 757-200 airplanes in FAA AMOC letter 757-
28A0073-AMOC-01.
    We agree. The issue that the AMOC letter addresses (for Boeing
Service Bulletin 757-28A0073, Revision 2, dated June 4, 2009) also
exists in Boeing Service Bulletin 757-28A0074, Revision 2, dated June
4, 2009. We have revised paragraphs (g) and (h) of this AD to include a
statement that where Boeing Service Bulletin 757-28A0074, Revision 2,
dated June 4, 2009, states ``SWPM 20-10-11, Table IX,'' this AD instead
requires ``SWPM 20-10-11, `Minimum Clearance' Table.''

Request To Incorporate Proposed AD Requirements Into the Maintenance
Planning Data (MPD) Document

    UAL requested that the proposed AD be revised to require
incorporation of a required repetitive inspection of the modification
into the MPD requirements for Model 757 Heavy Check intervals,
preferably at intervals of 3,000 flight cycles or 20 months. UAL
suggested that this addition to the MPD could ensure the long-term
integrity of the modification.
    We do not agree to require a revision to the MPD. We infer that the
term ``modification'' used by UAL is intended to refer to the
corrective actions required by paragraph (g) of this AD, and the cable
wrap installation and related investigative and corrective actions
required by paragraph (h) of this AD. These actions required by
paragraphs (g) and (h) of this AD are considered to provide long-term
integrity of the ``modification'' and maintain an acceptable level of
safety. However, we encourage operators to proactively revise their
maintenance programs in accordance with FAA regulations to address
problems or issues as they arise. We have not changed this AD in this
regard.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing (APB) stated that the installation of
winglets per Supplemental Type Certificate (STC) ST01518SE (http://
rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
312bc296830a925c86257c85006d1b1f/$FILE/ST01518SE.pdf) does not affect
accomplishment of the manufacturer's service instructions.
    We agree with the commenter that STC ST01518SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
312bc296830a925c86257c85006d1b1f/$FILE/ST01518SE.pdf) does not affect
the accomplishment of the manufacturer's service instructions.
Therefore, the installation of STC ST01518SE does not affect the
ability to accomplish the actions required by this AD. We have not
changed this AD in this regard.

Change Made to the Format of Paragraph (g) of This AD

    We have revised the format of paragraph (g) of this AD by
converting Table 1 to paragraph (g)(1) to text in paragraph (g). This
change to the format does not affect the requirements of paragraphs
(g), (g)(1), or (g)(2) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletins 757-28A0073 and 757-
28A0074, both Revision 2, both dated June 4, 2009. The service
information describes procedures for inspecting certain wire bundles in
the left and right engine-to-wing aft fairings for discrepancies;
installing back-to-back p-clamps between the wire and hydraulic supply
tube at the aft end of the right-hand strut only; associated re-routing
of the wire bundles, if necessary; and installing spiral cable wrap on
FSV wires on the aft ends of the left and right engine struts, and
related investigative and corrective actions. 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.

Costs of Compliance

    We estimate that this AD affects 346 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
             Action                  Labor cost       Parts cost    Cost per  product   Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Inspection of certain wire       Between 16 and 44            $600  Between $1,960     Between $678,160 and
 bundles, and p-clamp             work-hours x $85                   and $4,340.        $1,501,640
 installation [retained actions   per hour =
 from AD 2005-18-18].             Between $1,360
                                  and $3,740.
Installation of spiral cable     10 work-hours x               $10  $860.............  $297,560
 wrap [new action].               $85 per hour =
                                  $850.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2005-18-18, Amendment 39-14258 (70 FR 53554, September 9, 2005), and
adding the following new AD:

2016-11-06 The Boeing Company: Amendment 39-18533; Docket No. FAA-
2015-0496; Directorate Identifier 2014-NM-101-AD.

(a) Effective Date

    This AD is effective July 6, 2016.

(b) Affected ADs

    This AD replaces AD 2005-18-18, Amendment 39-14258 (70 FR 53554,
September 9, 2005) (``AD 2005-18-18'').

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, -
200CB, and -300 series airplanes; certificated in any category;
equipped with Rolls-Royce engines; as identified in Boeing Alert
Service Bulletins 757-28A0073 and 757-28A0074, both Revision 2, both
dated June 4, 2009.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by a report that the service information
referenced in AD 2005-18-18, did not adequately address fuel shutoff
valve (FSV) wires at the aft end of the strut, for both left and
right engine struts. We are issuing this AD to prevent chafing
between the wire bundle and the structure of the aft fairing, which
could result in electrical arcing and subsequent ignition of
flammable vapors and a possible uncontrollable fire.

(f) Compliance

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

(g) Retained One-Time Inspections/Related Investigative and Corrective
Actions, With New Service Information and an Exception to Certain
Service Information

    This paragraph restates the requirements of paragraph (f) of AD
2005-18-18, with new service information and an exception to certain
service information. Within 60 months after October 14, 2005 (the
effective date of AD 2005-18-18), do the actions required by
paragraphs (g)(1) and (g)(2) of this AD. Where Boeing Alert Service
Bulletin 757-28A0074, Revision 2, dated June 4, 2009, states ``SWPM
20-10-11, Table IX,'' the correct phrase is ``SWPM 20-10-11,
`Minimum Clearance' Table.''
    (1) Accomplish the detailed inspections for discrepancies of the
wire bundles in the left and right engine-to-wing aft fairings, and
applicable and related investigative and corrective actions if
necessary, as applicable, by doing all the actions specified in the
Accomplishment Instructions of the applicable service bulletins
listed in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD. As of the
effective date of this AD, use only Boeing Alert Service Bulletin
757-28A0073 or 757-28A0074, both Revision 2, both dated June 4,
2009, as applicable. Accomplish any related investigative and
corrective actions before further flight, in accordance with the
applicable service bulletin. For the purposes of this AD, a detailed
inspection is: ``An intensive examination of a specific item,
installation, or assembly to detect damage, failure, or
irregularity. Available lighting is normally supplemented with a
direct source of good lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying lenses, etc., may be
necessary. Surface cleaning and elaborate procedures may be
required.''
    (i) For Boeing Model 757-200, -200CB, and -200PF series
airplanes, use the service information identified in paragraphs
(g)(1)(i)(A), (g)(1)(i)(B), and (g)(1)(i)(C) of this AD.
    (A) Boeing Alert Service Bulletin 757-28A0073, dated November
20, 2003;
    (B) Boeing Alert Service Bulletin 757-28A0073, Revision 1, dated
February 24, 2005.
    (C) Boeing Alert Service Bulletin 757-28A0073, Revision 2, dated
June 4, 2009.
    (ii) For Boeing Model 757-300 series airplanes, use the service
information identified in paragraphs (g)(1)(ii)(A), (g)(1)(ii)(B),
and (g)(1)(ii)(C) of this AD.
    (A) Boeing Alert Service Bulletin 757-28A0074, dated November
20, 2003.
    (B) Boeing Alert Service Bulletin 757-28A0074, Revision 1, dated
February 24, 2005.
    (C) Boeing Alert Service Bulletin 757-28A0074, Revision 2, dated
June 4, 2009.
    (2) Install back-to-back p-clamps between the wire and hydraulic
supply tube at the aft end of the right-hand strut only; and re-
route the wire bundles, if necessary; by doing all the applicable
actions specified in the Accomplishment Instructions of the
applicable service information identified in paragraphs (g)(2)(i)
through (g)(2)(iv) of this AD. As of the effective date of this AD,
use only the service information identified in paragraphs (g)(2)(ii)
and (g)(2)(iv) of this AD, as applicable.
    (i) Boeing Alert Service Bulletin 757-28A0073, Revision 1, dated
February 24, 2005.
    (ii) Boeing Alert Service Bulletin 757-28A0073, Revision 2,
dated June 4, 2009.
    (iii) Boeing Alert Service Bulletin 757-28A0074, Revision 1,
dated February 24, 2005.
    (iv) Boeing Alert Service Bulletin 757-28A0074, Revision 2,
dated June 4, 2009.

(h) New Spiral Cable Wrap Installation

    Within 60 months after the effective date of this AD, install
spiral cable wrap on FSV wires at the aft end of the strut, for both
left and right engines, and do all applicable related investigative
and corrective actions, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 757-28A0073 (for Model
757-200, -200CB, and -200PF series airplanes) or 757-28A0074 (for
Model 757-300 series airplanes), both Revision 2, both dated June 4,
2009. Where Boeing Alert Service Bulletin 757-28A0074, Revision 2,
dated June 4, 2009, states ``SWPM 20-10-11, Table IX,'' the correct
phrase is ``SWPM 20-10-11, `Minimum Clearance' Table.'' Do all
applicable related investigative and corrective actions before
further flight.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) AMOCs approved for AD 2005-18-18 are approved as AMOCs for
the corresponding provisions of paragraph (g) of this AD.

(j) Related Information

    For more information about this AD, contact William Bond,
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles
ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5253; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
July 6, 2016.
    (i) Boeing Alert Service Bulletin 757-28A0073, Revision 2, dated
June 4, 2009.
    (ii) Boeing Alert Service Bulletin 757-28A0074, Revision 2,
dated June 4, 2009.
    (4) The following service information was approved for IBR on
October 14, 2005 (70 FR 53554, September 9, 2005).
    (i) Boeing Alert Service Bulletin 757-28A0073, dated November
20, 2003.
    (ii) Boeing Alert Service Bulletin 757-28A0073, Revision 1,
dated February 24, 2005.
    (iii) Boeing Alert Service Bulletin 757-28A0074, dated November
20, 2003.
    (iv) Boeing Alert Service Bulletin 757-28A0074, Revision 1,
dated February 24, 2005.
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 17, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-12331 Filed 5-31-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Notices]
[Page 53554]
[FR Doc No: 2019-21857]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Disposal of Aeronautical Property at
Coastal Carolina Regional Airport, New Bern, North Carolina

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration is requesting public
comment on a request by Coastal Carolina Regional Airport, to release
of land (7.071 acres) from federal obligations.

DATES: Comments must be received on or before November 6, 2019.

ADDRESSES: Comments on this notice may be mailed or delivered in
triplicate to the FAA at the following address:
    Memphis Airports District Office, Attn: Phillip J. Braden, Manager,
2600 Thousand Oaks Boulevard, Suite 2250, Memphis, TN 38118.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Andrew Shorter, Airport Director, Coastal
Carolina Regional Airport at the following address: 200 Terminal Drive,
New Bern, NC 28562.

FOR FURTHER INFORMATION CONTACT: Phillip J. Braden, Manager, Federal
Aviation Administration, Memphis Airports District Office, 2600,
Thousand Oaks Boulevard, Suite 2250, Memphis, TN 38118-2482; telephone:
(901) 322-8181. The application may be reviewed in person at this same
location, by appointment.

SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public
comment on the request to release property for disposal at Coastal
Carolina Regional Airport, 200 Terminal Dr, New Bern, NC 28562, under
the provisions of 49 U.S.C. 47107(h)(2). The FAA determined that the
request to release property at Coastal Carolina Regional Airport (EWN)
submitted by the Sponsor meets the procedural requirements of the
Federal Aviation Administration and the release of these properties
does not and will not impact future aviation needs at the airport. The
FAA may approve the request, in whole or in part, no sooner than thirty
days after the publication of this notice.
    The request consists of the following: The Coastal Carolina
Regional Airport and North Carolina Department of Transportation are
proposing the release of airport property totaling 7.071 acres. The
land requested for release is the right of way of Terminal Drive and
Airline Drive, two access roads link the airport to Williams Road and
Airport Road. Terminal Drive provides the only route to access the
commercial terminal at Coastal Carolina Regional Airport. It is a
circular/loop road that currently operates in a one-way, counter
clockwise direction. It is anticipated that the upcoming Highway 70
improvement project will significantly increase ``cut-through'' traffic
on Terminal Drive. For safety and efficiency reasons, it is critical to
alter the traffic flow, allowing this non-airport traffic to proceed
without having to pass directly through the airport. Therefore, the
North Carolina Department of Transportation (NCDOT) has designed a
traffic circle that will allow the eastern portion of Terminal Drive to
be converted to a two-way thoroughfare. This request will release this
property from federal obligations. This action is taken under the
provisions of 49 U.S.C. 47107(h)(2).
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the request,
notice and other documents germane to the request in person at the
Coastal Carolina Regional Airport.

    Issued in Memphis, Tennessee on September 25, 2019.
Phillip J. Braden,
Manager, Memphis Airports District Office, Southern Region.
[FR Doc. 2019-21857 Filed 10-4-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43351-43354]
[FR Doc No: 2022-15444]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95279; File No. SR-ICC-2022-010]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change Relating to the Clearing Rules and the
End-of-Day Price Discovery Policies and Procedures

July 14, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 7, 2022, ICE Clear Credit LLC (``ICE Clear Credit'' or
``ICC'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared primarily by ICC. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed rule change is to implement
certain amendments to ICC's Clearing Rules (the ``Rules'') and End-of-
Day Price Discovery Policies and Procedures (the ``EOD Policy'') to
establish an additional class of clearing participant. The text of the
proposed amendments is attached in Exhibit 5 [sic].

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. The text of these statements may be
examined at the places specified in Item IV below. ICC has prepared
summaries, set forth in sections (A), (B), and (C) below, of the most
significant aspects of these statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    The purpose of the proposed changes is to modify certain provisions
of the Rules and the EOD Policy to permit the establishment of an
additional class of clearing participant at ICC, the ``Associate
Clearing Participant'', or ``ACP''. ICC proposes to move forward with
implementation of these changes following Commission approval of the
proposed rule change.\3\ In general, an ACP would have the same rights,
obligations and responsibilities as other Participants (referred to as
``Full Participants''), with defined exceptions. Specifically, an ACP
will be permitted to provide pricing submissions with respect to
certain North American CDS products as of the end of the London trading
day, rather than the end of the New York trading day. This change is
intended to facilitate United Kingdom and European institutions
becoming clearing participants in ICC where they may not have the
global operational or other resources to support price submissions for
North American instruments outside of London trading hours. The
amendments would make a number of corresponding changes and impose
certain limitations on ACPs intended to assist ICC in mitigating any
additional risks resulting from these changes in the price submission
process for ACPs. For example, the amendments allow ICC to impose a
different clearing cut-off time for ACPs (intended to coincide with the
end of the London trading day, such that ACPs may not submit new trades
for clearing at a time when they are not able to provide price
submissions). ACPs also will not be permitted to submit trades on
behalf of customers.\4\ In addition, ICC may, but is not obligated to,
impose additional or alternative margin requirements for ACPs if it
determines that is appropriate from a risk management perspective. It
is expected that ACPs will be required to satisfy the same initial and
ongoing

membership standards and requirements as Full Participants, although
ICC will have the authority to modify membership standards for ACPs if
it determines it is appropriate to do so. ACPs will be required to make
contributions to the General Guaranty Fund and participate in default
management (including through mandatory auctions, if applicable) to the
same extent as Full Participants.
---------------------------------------------------------------------------

    \3\ ICC does not intend to implement this additional class of
clearing participant until ICC is permitted to implement the changes
described herein and ICC completes any other required governance or
internal processes. ICC will issue a circular notification in
advance of the operative date.
    \4\ It is accordingly not expected that ACPs would be registered
futures commission merchants.
---------------------------------------------------------------------------

    A number of provisions of the Rules would be amended to implement
the ACP category. In Rule 102, definitions for ``Associate Clearing
Participant'', ``Full Participant'', ``NA Instruments'' and ``NA
Instrument EU EOD Submission'' (defined in Rule 212 as discussed below)
would be added.
    ICC would adopt a new Rule 212 authorizing it to establish ACPs as
a new category of clearing participant, on the terms set out in the
Rule. Subsection (a) would provide that ACPs constitute Participants
for all purposes under the Rules, except as provided in Rule 212 or the
ICE Clear Credit Procedures. Subsection (b) would authorize ICC to
establish separate price submission requirements for ACPs, including
for Contracts with North American reference entities or indices (or
such other Contracts as ICC determines), referred to as ``NA
Instruments''. For such contracts, ICC would establish a new price
submission window at the end of the London trading day during which
ACPs would be required to make price submissions for NA Instruments
(referred to as ``NA Instrument EU EOD Submissions''). ACPs would not
be required to make the standard end-of-day price submissions at the
end of the New York trading day for NA Instruments, however. ICC would
also be permitted to establish firm trade requirements between ACPs
with respect to NA Instrument EU EOD Submissions (as discussed further
below in connection with the EOD Policy). Full Participants would be
permitted, but not required to make NA Instrument EU EOD Submissions
(and would not be subject to firm trade requirements with respect to
such submissions). For all other Contracts, ACPs would be subject to
the same end-of-day price submission requirements as Full Participants.
    Subsection (c) would permit ICC to establish different daily
deadlines for submission of trades by ACPs as compared to Full
Participants. ICC expects to impose such a deadline for ACPs at the
close of the London trading day. Subsection (d) would permit ICC to
establish different or supplemental margin requirements (or margin
parameters) applicable to ACPs. ICC does not at this time plan to
implement such margin requirements but believes it is appropriate to
have the authority to do so to manage any incremental risk that may
arise from the activity of ACPs.
    Pursuant to subsection (e), ACPs would be permitted to submit
trades for clearing only for their own accounts or the account of
affiliates, as House Positions. ICC believes that clearing participants
that engage in clearing on behalf of customers should be Full
Participants, with the operational and other resources to submit
pricing at all relevant times for the full spectrum of products that
they or their customers may submit.
    ICC would have the authority to establish additional or alternative
membership standards, specifically as to business integrity, financial
capacity, creditworthiness, operational capability, experience and
competence for ACPs, pursuant to subsection (f). Except to the extent
of any such alternative or additional standards, the existing
membership standards in Rule 201 would apply to ACPs. Under subsection
(g), ICC may adopt a separate form of participant agreement for ACPs
reflecting their status as such.
    Under Rule 212(h), an affiliate of an existing Participant would
not be eligible to be an ACP. Rule 212(i) would add, for clarification,
that Rule 212 does not affect the rights or obligations of Full
Participants.
    ICC would also make related changes to the EOD Policy addressing
the price submission requirements applicable to ACPs, and
differentiating the requirements for ACPs and Full Participants
relating to NA Instruments. Specifically, the amendments would add an
additional submission window for the ICC end-of-day price submission
process, covering NA Instruments but determined at the end of the
London trading day (referred to as the ``NA Instrument EU Submission
Window''). The amendments would provide that the NA Instrument EU
Submission Window is intended primarily to support ACPs, and further
that all elements of the price discovery process for that window would
follow those for the EU submission window. Certain other clarifying and
conforming drafting changes would be made to distinguish the NA
Instrument EU Submission Window from other submission windows.
    The provisions of the EOD Policy relating to the use of intraday
quotes received by ICC would be amended to provide that if a
Participant fails to make a required end-of-day submission during the
applicable window, ICC may use the last intraday quote received prior
to the close of that window (if one has been received on that day) to
serve as that Participant's end-of-day submission.
    The submission requirement section would be revised to provide that
(i) ACPs must provide submissions for NA Instruments during the NA
Instrument EU Submission Window, but would not be required to provide
submissions for the end-of-NY trading day NA submission window, and
(ii) Full Participants may, but will not be obligated to, provide
submissions for the NA Instrument EU Submission Window. The amendments
would also state, consistent with the Rule amendments, that ACPs have
the same obligations with respect to daily end-of-day submissions as
Full Participants, except as set out in the amended EOD Policy.
Conforming changes would be made throughout this section.
    The provisions of the EOD Policy relating to firm trades would be
revised to provide that for the NA Instrument EU Submission Window, ICC
will only designate firm trades between ACPs (and, for the avoidance of
doubt, voluntary submissions by Full Participants in that window will
not be subject to firm trades). Further, firm trades between ACPs
originating from the NA Instrument EU Submission Window would not be
eligible for reversing transactions.
    The revised EOD Policy would also provide that prices established
in the NA Instrument EU Submission Window will not be published
externally by ICC. Such prices would be used only for ICC risk
management purposes.
    The timetables for the end-of-day submission process in the
appendix to the EOD Policy would also be updated to include the NA
Instrument EU Submission Window (with timing and deadlines consistent
with the EU submission window, as noted above).
(b) Statutory Basis
    ICE Clear Credit believes that the proposed amendments are
consistent with the requirements of Section 17A of the Act \5\ and the
regulations thereunder applicable to it, including the standards under
Rule 17Ad-22.\6\ Section 17A(b)(3)(F) of the Act \7\ requires, among
other things, that the rules of a clearing agency be designed to
promote the prompt and accurate clearance and settlement of securities
transactions and, to the extent applicable, derivative agreements,
contracts, and transactions, the safeguarding of securities and funds
in the custody or control of the clearing

agency or for which it is responsible, and the protection of investors
and the public interest.
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    \5\ 15 U.S.C. 78q-1.
    \6\ 17 CFR 240.17Ad-22.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    The amendments provide for the establishment of a new category of
clearing participant, ACPs. The ACP category is intended to facilitate
entities becoming clearing participants, particularly European
institutions, that may have limited global operational or other
resources outside of London business hours that may otherwise make it
difficult to satisfy the price submission requirements of being a
clearing participant for NA Instruments. ACPs would be required to
submit prices in NA Instruments at the end of the London trading day
(instead of the New York trading day), to facilitate the risk
management by ICC of ACP positions. Further, the proposed rules will
impose certain limitations on ACPs, as compared to Full Participants,
including allowing ICC to limit the ability of ACPs to submit new
trades for clearing after the close of the London trading day and to
limit the ability of ACPs to submit trades for customers. ICC also
retains the ability to impose additional or alternative margin
requirements on ACPs to the extent appropriate from a risk management
perspective. In ICC's view, the ACP category thus provides an ability
for ICC to potentially expand the pool of clearing participants, while
maintaining the clearing house's ability to conduct risk management. In
this regard, ICC notes that ACPs will, with the limited exceptions
identified herein, be required to perform all obligations of
Participants, including contributions to the General Guaranty Fund and
default management. ICC will further maintain ACP margin and guaranty
fund contributions in the same manner it holds margin and guaranty fund
contributions of Full Participants. As a result, in ICC's view, the
amendments are consistent with the prompt and accurate clearance and
settlement of securities transactions and derivative agreements,
contracts and transactions, the safeguarding of securities and funds in
the custody or control of the clearing agency or for which it is
responsible, and the protection of the investors and the public
interest, within the meaning of Section 17A(b)(3)(F).\8\
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    \8\ 15 U.S.C. 78q-1(b)(3)(F).
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    Moreover, the amendments are consistent with relevant provisions of
Rule 17Ad-22.\9\ In particular, Rule 17Ad-22(e)(18) requires that each
covered clearing agency ``establish, implement, maintain and enforce
written policies and procedures reasonably designed to . . . establish
objective, risk-based and publicly disclosed criteria for
participation, which permit fair and open access by direct and, where
relevant indirect participants . . . require participants to have
sufficient financial resources and robust operational capacity to meet
obligations arising from participation in the clearing agency, and
monitor compliance with such participation requirements on an ongoing
basis.'' \10\ The amendments would create a new category of
participant, ACPs, and set out rights, obligations and responsibilities
of such participants. As noted above, ACPs would largely have the same
rights and obligations as Full Participants, with certain exceptions
designed to facilitate participation by persons that may not have the
full global operational capability to provide prices for NA Instruments
at the close of the New York trading day. The amendments appropriately
limit clearing by ACPs in light of the limited submission requirements
by allowing for an earlier deadline for clearing submission, limiting
customer clearing and providing ICC the flexibility to impose
additional or alternative margin requirements if appropriate. In ICC's
view, the proposed rules thus provide a way of expanding the potential
pool of clearing participants while maintaining robust risk management.
As noted above, ACPs will be subject to the same guaranty fund, and the
same or additional margin requirements as Full Participants. All other
requirements of Participant status, and ICC's existing Participant
monitoring program, will apply to ACPs (although ICC can impose
additional or modified requirements appropriate to ACPs). As a result,
in ICC's view, the amendments are consistent with the requirements of
Rule 17Ad-22(e)(18).\11\
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    \9\ 17 CFR 240.17Ad-22.
    \10\ 17 CFR 240.17Ad-22(e)(18).
    \11\ 17 CFR 240.17Ad-22(e)(18).
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    Rule 17Ad-22(e)(6)(iv) \12\ requires that a covered clearing agency
``establish, implement, maintain and enforce written policies and
procedures reasonably designed to . . . cover . . . its credit
exposures to its participants by establishing a risk-based margin
system that, at a minimum: . . . (iv) uses reliable sources of timely
price data and uses procedures and sound valuation models for
addressing circumstances in which pricing data are not readily
available or reliable.'' The amendments, including the changes to the
EOD Policy, are designed, consistent with the goal of admitting ACPs
that may not have global operational capability to submit prices
outside of London trading hours, to continue to provide ICC with robust
pricing to support its margin model. ACPs would be required, for NA
Instruments, to submit prices in a new submission window at the end of
the London trading day. ICC would use such prices for risk management
purposes, including for purposes of the margin model. ICC would use the
same procedures for other price submissions, including requiring firm
trades among ACPs, to ensure the robustness of submitted prices. In
ICC's view, the amendments are therefore consistent with the
requirements of Rule 17Ad-22(e)(6)(iv).\13\
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    \12\ 17 CFR 270.17Ad-22(e)(6).
    \13\ 17 CFR 240.17Ad-22(e)(6)(iv).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Credit does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The amendments
are not intended to affect the rights or obligations of existing
Participants. The changes would adopt an additional category of
clearing participant, the ACP, which would be available to eligible
institutions that meet the clearing house's requirements. ACPs will be
subject to the same rights, obligations and responsibilities as Full
Participants, but will submit prices for NA Instruments during a
submission window at the end of the London trading day rather than the
New York trading day. This is intended to facilitate participation by
institutions that may not have the global operational capability to
submit prices outside of the London trading day, but maintain the
clearing house's ability to manage the risk of clearing in such
instruments. As a result, ICE Clear Credit does not believe the
amendments will impact competition among clearing members or other
market participants, adversely affect the ability of market
participants to access clearing generally, or adversely affect the cost
of clearing. ICE Clear Credit thus does not believe the proposed
amendments would have any impact, or impose any burden, on competition
not necessary or appropriate in furtherance of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Credit.

ICE Clear Credit will notify the Commission of any comments received
with respect to the proposed rule change.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-ICC-2022-010 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2022-010. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation. All comments received will be posted without change.
Persons submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2022-010 and should be
submitted on or before August 10, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-15444 Filed 7-19-22; 8:45 am]
BILLING CODE 8011-01-P