(a) An issuer filing this Form for an offering in reliance on
Section 4(a)(6) of the Securities Act and pursuant to Regulation
Crowdfunding (Sec.  227.100-503) must include the following legends:
    A crowdfunding investment involves a risk. You should not invest
any funds in this offering unless you can afford to lose your entire
investment.
    In making an investment decision, investors must rely on their own
examination of the issuer and the terms of the offering, including the
merits and risks involved. These securities have not been recommended
or approved by any federal or state securities commission or regulatory
authority. Furthermore, these authorities have not passed upon the
accuracy or adequacy of this document.
    The U.S. Securities and Exchange Commission does not pass upon the
merits of any securities offered or the terms of the offering, nor does
it pass upon the accuracy or completeness of any offering document or
literature.
    These securities are offered under an exemption from registration;
however, the U.S. Securities and Exchange Commission has not made an
independent determination that these securities are exempt from
registration.
    (b) An issuer filing this Form for an offering in reliance on
Section 4(a)(6) of the Securities Act and pursuant to Regulation
Crowdfunding (Sec.  227.100-503) must disclose in the offering
statement that it will file a report on EDGAR annually and post the
report on its Web site, no later than 120 days after the end of each
fiscal year covered by the report. The issuer must also disclose how an
issuer may terminate its reporting obligations in the future in
accordance with Rule 202(b) of Regulation Crowdfunding (Sec.
227.202(b)).

Item 3. Annual Report Disclosure Requirements

    An issuer filing this Form for an annual report, as required by
Regulation Crowdfunding (Sec.  227.100-503), must file the Form no
later than 120 days after the issuer's fiscal year end covered by the
report and include the information required by Rule 201(a), (b), (c),
(d), (e), (f), (m), (p), (q), (r), (s), and (t) of Regulation
Crowdfunding (Sec. Sec.  227.201(a), (b), (c), (d), (e), (f), (m), (p),
(q), (r), (s), and (t)). For purposes of paragraph (t), the issuer
shall provide financial statements for the highest aggregate target
offering amount previously provided in an offering statement.

SIGNATURE

    Pursuant to the requirements of Sections 4(a)(6) and 4A of the
Securities Act of 1933 and Regulation Crowdfunding (Sec.  227.100-503),
the issuer certifies that it has reasonable grounds to believe that it
meets all of the requirements for filing on Form C and has duly caused
this Form to be signed on its behalf by the duly authorized
undersigned.

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

(Issuer)

By

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

(Signature and Title)

    Pursuant to the requirements of Sections 4(a)(6) and 4A of the
Securities Act of 1933 and Regulation Crowdfunding (Sec.  227.100-503),
this Form C has been signed by the following persons in the capacities
and on the dates indicated.

-----------------------------------------------------------------------
(Signature)

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

(Title)

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

(Date)

    Instructions.
    1. The form shall be signed by the issuer, its principal executive
officer or officers, its principal financial officer, its controller or
principal accounting officer and at least a majority of the board of
directors or persons performing similar functions.
    2. The name of each person signing the form shall be typed or
printed beneath the signature.

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

0
8. 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, 78ll, 78mm, 80a-20,
80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, 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; and
Pub. L. 111-203, 939A, 124 Stat. 1376, (2010), unless otherwise
noted.
0
9. Add Sec.  240.12g-6 to read as follows:

Sec.  240.12g-6  Exemption for securities issued pursuant to Section
4(a)(6) of the Securities Act of 1933.

    For purposes of determining whether an issuer is required to
register a security with the Commission pursuant to Section 12(g)(1) of
the Act (15 U.S.C. 78l(g)(1)), the definition of held of record shall
not include securities issued pursuant to the offering exemption under
Section 4(a)(6) of the Securities Act (15 U.S.C. 77d(a)(6)).
* * * * *

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
10. 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.; and 18 U.S.C. 1350, unless otherwise noted.
* * * * *
0
11. Add Sec.  249.1500 to read as follows:

Sec.  249.1500  Form Funding Portal

    This form shall be used for filings by funding portals under
Regulation Crowdfunding (Sec. Sec.  227.100 et seq.).

    Note:  The text of Form Funding Portal will not appear in the
Code of Federal Regulations.

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BILLING CODE 8011-01-C

FORM FUNDING PORTAL INSTRUCTIONS

A. GENERAL INSTRUCTIONS

1. EXPLANATION OF FORM

     This is the form that a funding portal must use to
register with the Securities and Exchange Commission (``SEC'' or
``Commission''), to amend its registration and to withdraw from
registration.
     The Commission may make publicly accessible all current
Forms Funding Portal, including amendments and registration withdrawal
requests, which may be searchable by the public, with the exception of
certain personally identifiable information or other information with
significant potential for misuse (including the contact employee's
direct phone number and email address and any IRS Employer
Identification Number, social security number, date of birth, or any
other similar information).

2. WHEN TO FILE FORM FUNDING PORTAL

     A funding portal's registration must become effective
before offering or selling any securities in reliance on Section
4(a)(6) through a platform. Under Rule 400, a funding portal's
registration will be effective the later of: (1) 30 calendar days after
the date a complete Form Funding Portal is received by the Commission
or (2) the date the funding portal is approved for membership by a
national securities association registered under Section 15A of the
Securities Exchange Act of 1934 (``Exchange Act'').
     A registered funding portal must promptly file an
amendment to Form Funding Portal when any information previously
submitted on Form Funding Portal becomes inaccurate or incomplete for
any reason.
     A successor funding portal may succeed to the registration
of a registered funding portal by filing a

registration on Form Funding Portal within 30 days after the
succession.
     If a funding portal succeeds to and continues the business
of a registered funding portal and the succession is based solely on a
change of the predecessor's date or state of incorporation, form of
organization, or composition of a partnership or similar reason, the
successor may, within 30 days of the succession, amend the registration
on Form Funding Portal to reflect these changes.
     A funding portal must also file a withdrawal on Form
Funding Portal promptly upon ceasing to operate as a funding portal.
Withdrawal will be effective on the later of 30 days after receipt by
the Commission, after the funding portal is no longer operational, or
within such longer period of time as to which the funding portal
consents or which the Commission by order may determine as necessary or
appropriate in the public interest or for the protection of investors.
     A Form Funding Portal filing will not be considered
complete unless it complies with all applicable requirements.
    3. ELECTRONIC FILING--The applicant must file Form Funding Portal
electronically using the web-enabled system, and must utilize this
system to file and amend Form Funding Portal electronically to assure
the timely acceptance and processing of those filings.
    4. CONTACT EMPLOYEE--The individual listed as the contact employee
must be authorized to receive all compliance information,
communications, and mailings, and be responsible for disseminating it
within the applicant's organization.

5. FEDERAL INFORMATION LAW AND REQUIREMENTS

     The principal purpose of this form is to provide a
mechanism by which a funding portal can register with the Commission,
amend its registration and withdraw from registration. The Commission
maintains a file of the information on this form and will make certain
information collected through the form publicly available. The SEC will
not accept forms that do not include the required information.
     Section 4A(a) of the Securities Act of 1933 [15 U.S.C.
Sec.  77d-1(a)] and Sections 3(h) and 23(a) the Exchange Act [15 U.S.C.
Sec. Sec.  78c(h) and 78w(a)] authorize the SEC to collect the
information required by Form Funding Portal. The SEC collects the
information for regulatory purposes. Filing Form Funding Portal is
mandatory for persons that are registering as funding portals with the
SEC.
     Any member of the public may direct to the Commission any
comments concerning the accuracy of the burden estimate on this Form
and any suggestions for reducing this burden. This collection of
information has been reviewed by the Office of Management and Budget in
accordance with the clearance requirements of 44 U.S.C. Sec.  3507. The
information contained in this form is part of a system of records
subject to the Privacy Act of 1974, as amended. The Securities and
Exchange Commission has published in the Federal Register the Privacy
Act Systems of Records Notice for these records.

B. FILING INSTRUCTIONS

1. FORMAT

     Items 1-7 must be answered and all fields requiring a
response must be completed before the filing will be accepted. Item 8
must be answered if the funding portal wishes to withdraw from
registration.
     Applicant must complete the execution screen certifying
that Form Funding Portal and amendments thereto have been executed
properly and that the information contained therein is accurate and
complete.
     To amend information, the applicant must update the
appropriate Form Funding Portal screens.
     A paper copy, with original manual signatures, of the
initial Form Funding Portal filing and amendments to Disclosure
Reporting Pages must be retained by the applicant and be made available
for inspection upon a regulatory request.
    2. DISCLOSURE REPORTING PAGES (DRP)--Information concerning the
applicant or control affiliate that relates to the occurrence of an
event reportable under Item 5 must be provided on the applicant's
appropriate DRP (FP). If a control affiliate is an individual or
organization registered through the CRD, such control affiliate need
only complete the control affiliate name and CRD number of the
applicant's appropriate DRP. Details for the event must be submitted on
the control affiliate's appropriate DRP or DRP(U-4). If a control
affiliate is an individual or organization not registered through the
CRD, provide complete answers to all of the questions and complete all
fields requiring a response on the applicant's appropriate DRP (FP)
screen.
    3. DIRECT OWNERS--Amend the Direct Owners and Executive Officers
screen when changes in ownership occur.
    4. NONRESIDENT APPLICANTS--Any applicant that is a nonresident
funding portal must complete Schedule C and attach the opinion of
counsel referred to therein.

C. EXPLANATION OF TERMS

1. GENERAL

    APPLICANT--The funding portal applying on or amending this form.
    ASSOCIATED PERSON--Any partner, officer, director or manager of the
funding portal (or any person occupying a similar status or performing
similar functions), any person directly or indirectly controlling or
controlled by the funding portal, or any employee of the funding
portal, except that any person associated with a funding portal whose
functions are solely clerical or ministerial shall not be included in
the meaning of such term for purposes of section 15(b) of the Exchange
Act (other than paragraphs (4) and (6) thereof).
    CONTROL--The power, directly or indirectly, to direct the
management or policies of the funding portal, whether through contract,
or otherwise. A person is presumed to control a funding portal if that
person: (1) is a director, general partner or officer exercising
executive responsibility (or has a similar status or functions); (2)
directly or indirectly has the right to vote 25 percent or more of a
class of a voting security or has the power to sell or direct the sale
of 25 percent or more of a class of voting securities of the funding
portal; or (3) in the case of a partnership, has contributed, or has a
right to receive, 25 percent or more of the capital of the funding
portal. (This definition is used solely for the purposes of Form
Funding Portal).
    CONTROL AFFILIATE--A person named in Item 4 [as a control person]
or any other individual or organization that directly or indirectly
controls, is under common control with, or is controlled by, the
applicant, including any current employee of the applicant except one
performing only clerical, administrative, support or similar functions,
or who, regardless of title, performs no executive duties or has no
senior policy making authority.
    FOREIGN FINANCIAL REGULATORY AUTHORITY--Includes (1) a foreign
securities authority; (2) other governmental body or foreign equivalent
of a self-regulatory organization empowered by a foreign government to
administer or enforce its laws relating to the regulation of investment
or investment-related activities; and (3) a foreign membership
organization, a function of which is to

regulate the participation of its members in the activities listed
above.
    FUNDING PORTAL--A broker acting as an intermediary in a transaction
involving the offer or sale of securities offered and sold in reliance
on Section 4(a)(6), that does not, directly or indirectly: (1) offer
investment advice or recommendations; (2) solicit purchases, sales or
offers to buy the securities displayed on its platform; (3) compensate
employees, agents, or other persons for such solicitation or based on
the sale of securities displayed or referenced on its platform; or (4)
hold, manage, possess, or otherwise handle investor funds or
securities.
    JURISDICTION--Any state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, any
other territory of the United States, or any subdivision or regulatory
body thereof.
    NONRESIDENT FUNDING PORTAL--A funding portal incorporated in or
organized under the laws of a jurisdiction outside of the United States
or its territories, or having its principal place of business in any
place not in the United States or its territories.
    PERSON--An individual, partnership, corporation, trust, or other
organization.
    SELF-REGULATORY ORGANIZATION (SRO)--The Financial Industry
Regulatory Authority (``FINRA'') or any other national securities
association registered with the Commission or any national securities
exchange or registered clearing agency, as such terms are defined in
Section 3 of the Exchange Act.
    SUCCESSOR--A funding portal that assumes or acquires substantially
all of the assets and liabilities, and that continues the business of,
a registered predecessor funding portal that ceases its funding portal
activities. See Rule 400(c) of Regulation Crowdfunding (17 CFR
24--.400(c)).

2. FOR THE PURPOSE OF ITEM 5

    CHARGED--Being accused of a crime in a formal complaint,
information, or indictment (or equivalent formal charge).
    ENJOINED--Includes being subject to a mandatory injunction,
prohibitory injunction, preliminary injunction, or temporary
restraining order.
    FELONY--For jurisdictions that do not differentiate between a
felony and a misdemeanor, a felony is an offense punishable by a
sentence of at least one year imprisonment and/or a fine of at least
$1,000. The term also includes a general court martial.
    FOUND--Includes adverse final actions, including consent decrees in
which the respondent has neither admitted nor denied the findings, but
does not include agreements, deficiency letters, examination reports,
memoranda of understanding, letters of caution, admonishments, and
similar informal resolutions of matters.
    INVESTMENT OR INVESTMENT-RELATED--Pertaining to securities,
commodities, banking, savings association activities, credit union
activities, insurance, or real estate (including, but not limited to,
acting as or being associated with a funding portal broker-dealer,
municipal securities dealer, government securities broker or dealer,
issuer, investment company, investment adviser, futures sponsor, bank,
security-based swap dealer, major security-based swap participant,
savings association, credit union, insurance company, or insurance
agency).
    INVOLVED--Doing an act or aiding, abetting, counseling, commanding,
inducing, conspiring with or failing reasonably to supervise another in
doing an act.
    MINOR RULE VIOLATION--A violation of a self-regulatory organization
rule that has been designated as ``minor'' pursuant to a plan approved
by the SEC or Commodity Futures Trading Commission. A rule violation
may be designated as ``minor'' under a plan if the sanction imposed
consists of a fine of $2,500 or less and if the sanctioned person does
not contest the fine. (Check with the appropriate self-regulatory
organization to determine if a particular rule violation has been
designated as ``minor'' for these purposes).
    MISDEMEANOR--For jurisdictions that do not differentiate between a
felony and a misdemeanor, a misdemeanor is an offense punishable by a
sentence of less than one year imprisonment and/or a fine of less than
$1,000. The term also includes a special court martial.
    ORDER--A written directive issued pursuant to statutory authority
and procedures, including orders of denial, suspension, or revocation;
does not include special stipulations, undertakings or agreements
relating to payments, limitations on activity or other restrictions
unless they are included in an order.
    PROCEEDING--Includes a formal administrative or civil action
initiated by a governmental agency, self-regulatory organization or a
foreign financial regulatory authority; a felony criminal indictment or
information (or equivalent formal charge); or a misdemeanor criminal
information (or equivalent formal charge). Does not include other civil
litigation, investigations, or arrests or similar charges effected in
the absence of a formal criminal indictment or information (or
equivalent formal charge).[End follow lit]

    Dated: October 23, 2013.
    By the Commission.
Elizabeth M. Murphy,
Secretary.

    Note:  The following exhibit will not appear in the Code of
Federal Regulations.

Exhibit A

Comments Letters Received Regarding Title III of the JOBS Act

Proposal to Implement Regulation Crowdfunding (File No. S7-09-13)
ABA Letter 1: Letter from Catherine T. Dixon, Chair, Federal Regulation
of Securities Committee, American Bar Association, Mar. 20, 2013
ABA Letter 2: Letter from Catherine T. Dixon, Chair, Federal Regulation
of Securities Committee, American Bar Association, Jun. 26, 2013
ACA Letter: Letter from Divina K. Westerfield, Esq., Manager, American
Crowdfunding Association Inc., Oct. 8, 2013
ACFIA Letter 1: Letter from John Vassilliw, American Crowdfunding
Investment Association, Dec. 15, 2012
ACFIA Letter 2: Letter from John Vassilliw, American Crowdfunding
Investment Association, Jan. 3, 2013
ACFIA Letter 3: Letter from John Vassilliw, American Crowdfunding
Investment Association, Jan. 3, 2013
Acos Letter: Letter from Jim Acos, Jun. 10, 2012
AKickInCrowd.com Letter: Letter from Tony Reynolds, Founder,
AKickInCrowd.Com, May 11, 2012
Alabama Development Office Letter: Letter from S. Douglas Smith,
Founding Director of the Alabama Development Office and the Alabama
Department of Economic and Community Affairs, Oct. 22, 2012
ASBC Letter: Letter from American Sustainable Business Council, Jul.
16, 2012
AngelList Letter: Letter from Naval Ravikant, CEO, AngelList, May 23,
2012
AppleSeedz Letter: Letter from EL Mazyck, President, AppleSeedz.com,
Jul. 23, 2012
Applied Dynamite Letter: Letter from Randall Lucas, CEO, Applied
Dynamite Inc., May 4, 2012
ARS Letter: Letter from Mark Norych, Esq., Executive Vice President,
General Counsel, Board Member,

Arbitration Resolution Services, Inc., Jul. 19, 2013
Arctic Island Letter: Letter from Scott Purcell, Founder, Arctic Island
Crowdfunding Portal, Jun. 26, 2012
Ayeni Letter: Letter from Debo Ayeni, Dec. 23, 2012
Bach Letter: Letter from David Bach, Apr. 18, 2012
Barnes Letter: Letter from Ryan Barnes, Aug. 22, 2012
Basko Letter: Letter from Sue Basko, Lawyer, Jun. 18, 2012
Becotte Letter: Letter from Chase Becotte, Aug. 31, 2012
Bedford Letter: Letter from Shante Jones, Vice President, Bedford
Stuvyesant Unity Youth Resources, Inc., Feb. 14, 2013
BeFounders Letter: Letter from William J. Mills, JD, BeFounders, Apr.
24, 2012
Begich Letter: Letter from Sen. Mark Begich, U.S. Senator, Jul. 18,
2013
Bennet Letter: Letter from Sen. Michael F. Bennet, U.S. Senator, Dec.
12, 2012
Black Letter: Letter from Michael Black, Nov. 4, 2012
Blechman Letter: Letter from Bruce Blechman, Apr. 13, 2012
BlueTree Letter: Letter from Catherine V. Mott, Founder, BlueTree
Allied Angels, Aug. 21, 2012
BrainThrob Laboratories Letter: Letter from Erin C. DeSpain, President,
BrainThrob Laboratories, Inc., Nov. 8, 2012
Brandon W Letter: Letter from Brandon W., Apr. 16, 2012
Buffalo First Letter: Letter from Kelly A. Maurer, Treasurer, Buffalo
First Member, Buffalo Common Wealth LLC Assistant Treasurer, Buffalo
Cooperative FCU, Apr. 16, 2012
Bulldog Investors Letter: Letter from Philip Goldstein, Bulldog
Investors, Jul. 18, 2012
Cera Technology Letter: Letter from Michael Mace, CEO, Cera Technology,
Apr. 13, 2012
CFA Institute Letter: Letter from Kurt N. Schacht and Linda L.
Rittenhouse, CFA Institute, Aug. 16, 2012
CFIRA Letter 1: Letter from Sherwood E. Neiss, Crowdfund Investing
Regulatory Advocates (CFIRA), May 15, 2012
CFIRA Letter 2: Letter from Candace S. Klein, Chair and Vincent R.
Molinari, Co-Chair, CFIRA, May 30, 2012
CFIRA Letter 3: Letter from Candace S. Klein, Chair and Vincent R.
Molinari, Co-Chair, CFIRA, Jun. 5, 2012
CFIRA Letter 4: Letter from Kim Wales and Christine Landon, CFIRA, Aug.
9, 2012
CFIRA Letter 5: Letter from Kim Wales, Founding member, and DJ Paul,
Founding Member & CSO, CFIRA, Aug. 22, 2012
CFIRA Letter 6: Letter from Lon David Varvel, Founding Member, CFIRA,
Sept. 14, 2012
CFIRA Letter 7: Letter from Chris Tyrrell, Kim Wales and Charles
Sidman, Founding Members, CFIRA, Oct. 10, 2012
CFIRA Letter 8: Letter from Chris Tyrrell, Kim Wales and Charles
Sidman, Founding Members, CFIRA, Oct. 29, 2012
CFIRA Letter 9: Letter from Kim Wales, Founding Member, CFIRA, Nov. 26,
2012
CFIRA Letter 10: Letter from Scott Purcell, Board Member, CFIRA, Dec.
3, 2012
CFIRA Letter 11: Letter from Kim Wales, Founding Member, CFIRA, Dec. 4,
2012
CFIRA Letter 12: Letter from CFIRA, Jan. 21, 2013
CFIRA Letter 13: Letter from Ryan Feit, Co-Founder & CEO, SeedInvest,
and Kim Wales, Founding Member, CFIRA, Mar. 11, 2013
City First Letter: Letter from John Hamilton, President, City First
Enterprises, Jul. 4, 2013
CitySpark Letter: Letter from David B. Haynie, CitySpark.com, Apr. 25,
2012
Coan Letter: Letter from Marc C. Coan, Apr. 11, 2012
Coleman Letter: Letter from Matthew R. Nutting, Esq., Coleman &
Horowitt, LLP, Jan. 28, 2013
Commonwealth of Massachusetts Letter: Letter from William F. Galvin,
Secretary of the Commonwealth, Massachusetts, Aug. 8, 2012
CommunityLeader Letter: Letter from Richard Weintraub, Chief Compliance
Officer, CommunityLeader, Aug. 17, 2012
CompTIA Letter: Letter from Lamar Whitman, Director, Public Advocacy,
CompTIA, Jun. 28, 2012
Cones Letter: Letter from John Cones, Apr. 19, 2012
Corporate Resolutions Letter: Letter from Joelle Scott, Director of
Business Intelligence, Corporate Resolutions Inc., Apr. 19, 2012
Crowd Startup Capital Letter: Letter from Travis E. Chapman, Esq.,
Crowd Startup Capital, May 11, 2012
CrowdCheck Letter 1: Letter from Sara Hanks, CEO, CrowdCheck, Inc.,
Apr. 30, 2012
CrowdCheck Letter 2: Letter from Brian Knight, Vice President,
CrowdCheck, Inc., Dec. 5, 2012
CrowdFund Capital Markets Letter: Letter from Robert J. Thibodeau,
President, CrowdFund Capital Markets, May 7, 2012
CrowdFund Connect Letter: Letter from J. Randy Shipley, Founder,
CrowdFund Connect, Social Gravity Inc., Jul. 28, 2012
Crowdfunding Offerings Ltd. Letter 1: Letter from Anthony D. Edwards,
Esq., Founder, Crowdfunding Offerings, Ltd., May 11, 2012
Crowdfunding Offerings Ltd. Letter 2: Letter from Marshall Neel, Esq.,
Crowdfunding Offerings, Ltd., May 11, 2012
Crowdfunding Offerings Ltd. Letter 3: Letter from Marshall Neel, Esq.,
Co-Founder, Crowdfunding Offerings, Ltd., May 11, 2012
Crowdfunding Offerings Ltd. Letter 4: Letter from Marshall Neel, Esq.,
Co-Founder, Crowdfunding Offerings, Ltd., May 11, 2012
Crowdfunding Offerings Ltd. Letter 5: Letter from Anthony D. Edwards,
Esq., Founder, Crowdfunding Offerings, Ltd., May 11, 2012
Crowdfunding Offerings Ltd. Letter 6: Letter from Anthony D. Edwards,
Esq., Founder, Crowdfunding Offerings, Ltd., May 11, 2012
Crowdfunding Offerings Ltd. Letter 7: Letter from Marshall Neel, Esq.,
Co-Founder, Crowdfunding Offerings, Ltd., Aug. 15, 2012
Crowdlever Letter 1: Letter from Matt Morse, Sr., Feb. 1, 2013
Crowdlever Letter 2: Letter from Matt Morse, Sr., Apr. 15, 2013
Cunningham Letter: Letter from William Michael Cunningham, AM, MBA,
Jan. 15, 2013
CyberIssues.com Letter: Letter from T.W. Kennedy, BE, CEO of
CyberIssues.com, Jun. 28, 2013
Dex Offshore Letter 1: Letter from David E. Simpson, CFA, Founder, CEO
of Dex Offshore Entertainment LLC, Apr. 14, 2012
Dex Offshore Letter 2: Letter from David E. Simpson, Dex Offshore
Entertainment LLC, Apr. 16, 2012
Dex Offshore Letter 3: Letter from David Simpson, Dex Offshore
Entertainment LLC, Jul. 23, 2012
Dex Offshore Letter 4: Letter from David Simpson, Dex Offshore
Entertainment LLC, Jul. 24, 2012
Donovan Letter: Letter from Doug Donovan, Oct. 1, 2012
Donovan P. Letter: Letter from Patrick Donovan, Sep. 27, 2013
Durward Letter: Letter from James Durward, May 7, 2012
EarlyShares Letter 1: Letter from Maurice Lopes, CEO, EarlyShares.com,
Inc., Jul. 10, 2012
EarlyShares Letter 2: Letter from Maurice Lopes, CEO, EarlyShares.com,
Inc., Aug. 16, 2012
EnVironmental Letter: Letter from Richard W. Marks, President,
EnVironmental Transportation Solutions, LLC, Jun. 14, 2012
Equistratus Letter: Letter from T.H. Ison, Equistratus, Mar. 22, 2013.

Escrow.com Letter: Letter from Brandon Abbey, President and Managing
Director, Escrow.com, Aug. 31, 2012
ExpertBeacon Letter: Letter from Mark Law, CEO, ExpertBeacon.com,
Seattle, Washington, Apr. 14, 2012
Fairhurst Letter: Letter from Kraig Fairhurst, Apr. 11, 2012
Feldman Letter: Letter from Aleksandr Feldman, Aug. 17, 2012
Ferguson Letter: Letter from Zachary Ferguson, Jun. 13, 2013
Franken Letter: Letter from Sen. Al Franken, U.S. Senator, Jan. 4, 2013
Frankfurt Letter: Letter from Thomas Selz, et al., Frankfurt Kurnit
Klein & Selz PC, Dec. 28, 2012
Friedman Letter: Letter from Howard M. Friedman, Professor of Law
Emeritus, University of Toledo, Apr. 27, 2012
Front Page Letter: Letter from Robert Hoskins, Vice President, Media
Relations, Front Page Public Relations, Mar. 2, 2013
Frost Letter: Letter from Henry Frost, Sept. 17, 2012
FundaGeek Letter: Letter from Cary Harwin, President, Co-Founder,
FundaGeek.com, May 26, 2012
Genedyne Letter 1: Letter from Thomas Braun, Genedyne Corporation, Aug.
16, 2012
Genedyne Letter 2: Letter from Thomas Braun, Genedyne Corporation,
Sept. 11, 2012
Gomez Letter 1: Letter from Christian Gomez, Hayward, California, Nov.
12, 2012
Gomez Letter 2: Letter from Chris Gomez, Hayward, California, Nov. 24,
2012
Gornick Letter: Letter from Stephen Gornick, May 20, 2012
Gregory Letter: Letter from Paul M. Gregory, Aug. 2, 2012
Grow VC Letter: Letter from Jouko Ahvenainen and Valto Loikkanen, Co-
founders, Grow VC, Jun. 15, 2012
Hakanson Letter: Letter from Sten Erik Hakanson, Sep. 18, 2013
Hansen Letter: Letter from Brian G. Hansen, Oct. 17, 2012
Hemlof Letter: Letter from Loris Hemlof, Australia, Sept. 1, 2012
Hensel Letter: Letter from Karl Hensel, May 15, 2012
High Tide Letter: Letter from Albert Hartman, CEO, High Tide, Jun. 4,
2012
Holofy Letter: Letter from Chris Nunes, Esq., CEO, Holofy, May 15, 2013
Hutchens Letter: Letter from Matthew C. Hutchens, Sep. 29, 2013
Immix Letter: Letter from Jerry Carleton, Robert Scott, Kane Lemley,
and John French, Immix Law Group PC, Oct. 4, 2012
InitialCrowdOffering Letter: Letter from Perry D. West, Esq.,
InitialCrowdOffering.com, May 4, 2012
International Franchise Association Letter: Letter from Jay Perron,
Vice President, Government Relations and Public Policy, International
Franchise Association, Jan. 31, 2013
Isenberg Letter: Letter from Daniel Isenberg, Ph.D., Apr. 15, 2012
Jain Letter: Letter from Runjan A. Jain, Apr. 12, 2012
Koller Letter: Letter from Jonathan Koller, May 2, 2012
Le Jeune Letter: Letter from Yann Le Jeune, CEO, French Crowdfund
Platform, Sept. 1, 2012
Landon Letter 1: Letter from Christine Landon, Jul. 18, 2012
Landon Letter 2: Letter from Christine Landon, Jul. 18, 2012
Larkey Letter: Letter from Caren L. Larkey, Film Producer, May 23, 2012
LeGaye Letter: Letter from Daniel E. LeGaye, The LeGaye Law Firm, P.C.,
Sept. 7, 2012
Li Letter: Letter from H. Bruce Li, Ph.D. P.E., Apr. 27, 2012
Leonhardt Letter 1: Letter from Howard J. Leonhardt, CEO, Leonhardt
Ventures and CalXStars Business Accelerator, Co-Leader Startup,
California, Sept. 29, 2012
Leonhardt Letter 2: Letter from Howard J. Leonhardt, Founder, Leonhardt
Ventures, Jul. 11, 2013
Liles Letter 1: Letter from Mike Liles, Jr., Seattle, Apr. 17, 2012
Liles Letter 2: Letter from Mike Liles, Jr., Apr. 18, 2012
Lingam Letter 1: Letter from Kiran Lingam, Esq., Apr. 11, 2012
Lingam Letter 2: Letter from Kiran Lingam, Apr. 24, 2012
Lingam Letter 3: Letter from Kiran Lingam, May 1, 2012
Litwak Letter: Letter from Mark Litwak, Apr. 17, 2012
Lumeo.com Letter: Letter from Brian McDonough, CEO & Founder,
Lumeo.com, Sept. 6, 2012
Loofbourrow Letter: Letter from Joe Loofbourrow, Apr. 24, 2012
MacDonald Letter: Letter from Larry A. MacDonald, May 1, 2012
Markay Letter: Letter from Mark W. Kanter, Founder, Markay Company,
Jun. 25, 2012
Markel Letter: Letter from Thomas O. Markel, Jr., Apr. 26, 2012
Matthew Letter: Letter from Matthew L., Aug. 19, 2012
Maugain Letter: Letter from Etienne Maugain, Apr. 12, 2012
Merkley Letter: Letter from Sen. Jeffrey A. Merkley, et al., U.S.
Senate, Dec. 10, 2012
Mollick Letter: Letter from Dr. Ethan Mollick, Assistant Professor of
Management, The Wharton School, University of Pennsylvania, Dec. 17,
2012
Moore Letter: Letter from Jason Moore, Manager, Apr. 23, 2012
Moss Letter: Letter from Frank H. Moss, Jr., Adjunct Professor of Info
Systems & Tech, Sept. 26, 2012
Movie Stream Productions Letter: Letter from Dorian S. Cole, Movie
Stream Productions, Jun. 1, 2012
NanoIVD Letter: Letter from Sunnie P. Kim, Founder, CEO, NanoIVD, Inc.,
May 18, 2012
NASAA Letter: Letter from Jack Herstein, President, North American
Securities Administrators Association, Jul. 3, 2012
NCA Letter: Letter from National Crowdfunding Association, May 11, 2012
NSBA Letter: Letter from David R. Burton, General Counsel, National
Small Business Association, Jun. 12, 2012
Ohio Division of Securities Letter: Letter from Andrea L. Seidt,
Commissioner, Ohio Division of Securities, Jan. 9, 2013
Old Takoma Letter: Letter from Patricia Baker, Executive Director, Old
Takoma Business Association, May 24, 2013
P2PVenture.org Letter: Letter from Frederic Baud, President
P2PVenture.org, France, Sept. 1, 2012
Parker Letter: Letter from Joe Parker, CEO, Apr. 12, 2012
Pearfunds Letter: Letter from Hector Vizcarrondo, Co-founder & CEO,
Pearfunds, LLC, Jul. 30, 2012
Pena Letter: Letter from Fred Pena, May 10, 2012
Petazzoni Letter: Letter from Enrico Petazzoni, Feb. 15, 2013
Philipose Letter 1: Letter from Roy Philipose, Jun. 28, 2012
Philipose Letter 2: Letter from Roy Philipose, Jun. 30, 2012
PMIRARQ Letter: Letter from Steven A. Cinelli, Founder & CEO, PMIRARQ,
Jul. 26, 2012
PPM Logix Letter: Letter from Mike Stapleton, PPM Logix, May 22, 2012
Priore Letter: Letter from Robert Priore, May 2, 2012
PREA Letter: Letter from Paul White, Professional Real Estate Advisors
Inc., Jul. 22, 2013
Projectheureka Letter: Letter from Anthony and Erika Endres,
Projectheureka LLC, Sep. 10, 2013
Ramos Letter: Letter from Robert Ramos, Aug. 14, 2013
RDA Letter: Letter from Harry Shamir, Principal, RDA Co., Apr. 16, 2012
RentalCompare Letter: Letter from Darryl Aken, RentalCompare, Apr. 24,
2013
Replay Games Letter: Letter from Paul Trowe, Replay Games, Sept. 4,
2012

Rey Media Letter: Letter from David Rey, Rey Media, Apr. 24, 2013
RFPIA Letter 1: Letter from T.W. Kennedy, BE., CEO, Kennedy Associates,
Apr. 20, 2012
RFPIA Letter 2: Letter from T.W. Kennedy, B.E., Regulated Funding
Portal Industry Association, Jul. 25, 2012
RFPIA Letter 3: Letter from T.W. Kennedy, B.E., Regulated Funding
Portal Industry Association, Aug. 18, 2012
RFPIA Letter 4: Letter from T.W. Kennedy, B.E., Regulated Funding
Portal Industry Association, Aug. 18, 2012
RFPIA Letter 5: Letter from T.W. Kennedy, B.E., Regulated Funding
Portal Industry Association, Jul. 9, 2013
Risingtidefunding.com Letter: Letter from Neal C. McCane, CFA, Co-
Founder, risingtidefunding.com, Sept. 26, 2012
Richter Letter: Letter from Paul W. Richter, PW Richter PLC, Feb. 7.
2013
Roberts Letter: Letter from Ward Roberts, May 25, 2012
RocketHub Letter 1: Letter from Alon Hillel-Tuch, Co-Founder & CFO,
RocketHub.com, May 1, 2012
RocketHub Letter 2: Letter from Alon Hillel-Tuch, Founder & CFO,
RocketHub.com, Nov. 14, 2012
Rocketjet Letter: Letter from Daniel E. Nelson, Ph.D., JD, Chairman,
Rocketjet Corporation, Apr. 13, 2012
Romano Letter: Letter from Robert Romano, Apr. 12, 2012
Schumer Letter: Letter from Jacob J. Schumer, Staff Editor, Vanderbilt
Journal of Entertainment and Technology Law, Sept. 4, 2012
Schwartz Letter: Letter from Andrew A. Schwartz, Associate Professor of
Law, University of Colorado, Jun. 13, 2013
Shefman Letter: Letter from Michael Shefman, Aug. 21, 2013
Sidman Letter 1: Letter from Charles L. Sidman, MBA, Ph.D., Manager,
Crowdfunding Investment Angels, Nov. 30, 2012
Sidman Letter 2: Letter from Charles L. Sidman, MBA, Ph.D., Manager,
Crowdfunding Investment Angels, Mar. 8, 2013
Sjogren Letter: Letter from Karl M. Sjogren, Apr. 25, 2013
Sklar Law Letter: Letter from Navid More, Associate Attorney, Sklar
Law, P.C., Jun. 24, 2012
Skweres Letter: Letter from Mary Ann Skweres, Independent Film
Professional, Jun. 3, 2012
Spinrad Letter 1: Letter from Paul Spinrad, Jul. 26, 2012
Spinrad Letter 2: Letter from Paul Spinrad, Jan. 2, 2013
STA Letter: Letter from Charles V. Rossi, President, The Securities
Transfer Association, Inc., Sept. 17, 2012
Stafford Letter: Letter from Darrell M. Stafford, Apr. 11, 2012
Start.ac Letter: Letter from Rod Turner, CEO and Founder, Start.ac
CrowdFunding business, Jun. 12, 2012
Stephenson Letter: Letter from Andrew D. Stephenson, Esq., Washington,
May 14, 2012
Sutter Securities Letter: Letter from Robert A. Muh, Chief Executive
Officer, Sutter Securities Incorporated, Oct. 25, 2012
Sykes Letter: Letter from Chad Sykes, Apr. 15, 2012
Tally Letter: Letter from John Tally, May 28, 2012
TechnologyCrowdFund Letter 1: Letter from Robert B. Nami, CEO/
President, TechnologyCrowdFund.com, May 1, 2012
TechnologyCrowdFund Letter 2: Letter from Robert B. Nami, President/
CEO, TechnologyCrowdFund.com, May 30, 2012
TechnologyCrowdFund Letter 3: Letter from Robert B. Nami, President/
CEO, TechnologyCrowdFund.com, Jun. 5, 2012
TechnologyCrowdFund Letter 4: Letter from Robert B. Nami, President/
CEO, TechnologyCrowdFund.com, Jun. 7, 2012
TechnologyCrowdFund Letter 5: Letter from Robert B. Nami, CEO/President
TechnologyCrowdFund, Jun. 28, 2012
TechnologyCrowdFund Letter 6: Letter from Robert B. Nami, CEO/President
TechnologyCrowdFund, Jan. 16, 2013
The Growth Group Letter: Letter from Elliott Dahan, Managing Partner,
The Growth Group, May 1, 2012
The Motley Fool Letter: Letter from Ilan L. Moscovitz and John
Maxfield, The Motley Fool, Jun. 27, 2012
Tomkinson Letter: Letter from Paul Tomkinson, Sept. 21, 2012
Totsie Productions Letter: Letter from Kevin J. Tostado, Producer,
Totsie Productions, Jan. 20, 2013
Tri Valley Law Letter: Letter from Marc A. Greendorfer, Tri Valley Law,
Apr. 27, 2012
Verdant Ventures Letter: Letter from Ross Randrup, Managing Member,
Verdant Ventures LLC, Jun. 17, 2012
Vermont Investors Letter: Letter from Sebastian Sweatman, Vermont
Investors Forum, Apr. 25, 2012
Vim Funding Letter: Letter from Shane M. Fleenor, Vim Funding, Inc.,
Creator of Funding Launchpan, Co-founder and CLO, Apr. 27, 2012
Vogele Letter: Letter from John Vogele, Dec. 26, 2012
VS Technology Letter: Letter from Michael Van Steenburg, CEO of VS
Technology Inc., Aug. 31, 2012
VTNGLOBAL Letter: Letter from Peter Ojo, CEO, VTNGLOBAL, May 31, 2012
West Letter: Letter from Perry D. West, Esq., Apr. 13, 2012
Whitacre Letter: Letter from William L. Whitacre, Esq., Apr. 18, 2012
Whitaker Letter: Letter from John R. Fahy, Partner, Whitaker Chalk
Swindle Schwartz PLLC, Nov. 8, 2012
Windhom Letter: Letter from Stevario Windhom, Jun. 13, 2012
Winfiniti Letter: Letter from Dan Grady, CEO, Winfiniti, Inc., Apr. 11,
2012
Williams Letter: Letter from John P. Williams, Feb. 7, 2013
Williams K. Letter: Letter from Keith Williams, Mar. 2, 2013
Wright Letter 1: Letter from Martin Wright, Aug. 7, 2012
Wright Letter 2: Letter from Martin Wright, Aug. 7, 2012
Wright Place Letter: Letter from Dr. Letitia S. Wright, May 4, 2012

[FR Doc. 2013-25355 Filed 11-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Rules and Regulations]
[Pages 16390-16393]
[FR Doc No: 2019-07939]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0706; Product Identifier 2018-NM-086-AD; Amendment
39-19612; AD 2019-07-01]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Dassault Aviation Model FAN JET FALCON and FAN JET FALCON SERIES C, D,
E, F, and G airplanes. This AD was prompted by a determination of the
need for a revision to the airplane airworthiness limitations to
introduce changes to the maintenance requirements and airworthiness
limitations. This AD requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations and maintenance requirements. We
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 24, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 24,
2019.

ADDRESSES: For service information identified in this final rule,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet
http://www.dassaultfalcon.com. 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>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0706.

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-
0706; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Dassault Aviation
Model FAN JET FALCON and FAN JET FALCON SERIES C, D, E, F, and G
airplanes. The NPRM published in the Federal Register on August 10,
2018 (83 FR 39628). The NPRM was prompted by a determination of the
need for a revision to the airplane airworthiness limitations to
introduce changes to the maintenance requirements and airworthiness
limitations. The NPRM proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations and maintenance
requirements.
    We are issuing this AD to address among other things, fatigue
cracking and damage in principal structural elements; such fatigue
cracking and damage could result in reduced structural integrity of the
airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0083, dated April 16, 2018 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Dassault Aviation Model FAN JET
FALCON and FAN JET FALCON SERIES C, D, E, F, and G airplanes. The MCAI
states:

    The airworthiness limitations and certification maintenance
instructions for the Dassault Fan Jet Falcon aeroplanes, which are
approved by EASA, are currently defined and published in the
Dassault Fan Jet Falcon Aircraft Maintenance Manual (AMM) chapter 5-
40. These instructions have been identified as mandatory for
continued airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition [among other things, fatigue cracking and damage in
principal structural elements; such fatigue cracking and damage
could result in reduced structural integrity of the airplane].
    Consequently, EASA issued AD 2014-0021 [which corresponds to FAA
AD 2014-26-07, Amendment 39-18058 (80 FR 2815, January 21, 2015)
(``AD 2014-26-07'')] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in Dassault Fan Jet Falcon AMM chapter 5-40 Revision 15.
    Since that [EASA] AD was issued, Dassault issued Revision 17 of
the Dassault Fan Jet Falcon AMM chapter 5-40, which introduces new
and more restrictive maintenance requirements and/or airworthiness
limitations.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2014-0021, which is superseded, and requires
accomplishment of the actions specified in Revision 17 of the
Dassault Fan Jet Falcon AMM chapter 5-40, (hereafter referred to as
`the ALS' in this [EASA] AD).

    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-
0706.

Comments

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

Request To Withdraw NPRM

    Kalitta Charters, LLC, (Kalitta) implied that the NPRM did not
include a valid unsafe condition to justify the issuance of an AD. The
commenter stated that the unsafe condition specified in the NPRM is
based on speculation. The commenter remarked that the AD docket does
not include evidence of actual fatigue cracking or any other indicators
of possible conditions that indicate the existence of an actual
potential problem.
    We infer that the commenter is requesting that we withdraw the
NPRM. We do not agree with the commenter's request. We have identified
airworthiness limitations and maintenance requirements as mandatory for
an airplane's continued airworthiness. An operator's failure to
accomplish these instructions could result in a variety of unsafe
conditions, including fatigue cracking and damage in principal
structural elements; such fatigue cracking and damage could result in
reduced structural integrity of the airplane.
    In addition, we issue ADs to require actions to address unsafe
conditions that are not otherwise being addressed (or are not addressed
adequately) by normal maintenance procedures. We may address such
unsafe conditions by requiring revisions to maintenance or inspection
programs, as applicable, as a condition under which airplanes may
continue to be operated. We have determined that it is necessary to
issue this final rule.

Request To Include Method To Determine Flight Cycles

    Kalitta requested that the proposed AD include a method for
operators to determine the number of flight cycles on landing gear
parts based on the part number or date of manufacture. The commenter
pointed out that there was no previous requirement to track flight
cycles on landing gear parts. The commenter stated that without a
method to determine the number of flight cycles, its fleet would be
grounded because it would not be able to comply with the requirements
specified in the proposed AD.
    The commenter also stated that a method for operators to determine
the number of flight cycles on landing gear parts is related to its
ability to satisfy the initial 90-day compliance time for accomplishing
the actions specified in the proposed AD. The commenter noted that some
of the affected airframes and parts have been in service over 50 years
and during this 50-year period many of the affected parts were removed
and installed on other airframes.
    We partially agree with the commenter's request. This AD does not
include a method for operators to determine the number of flight cycles
on landing gear parts based on the part number or date of manufacture;
however, this AD extends the initial compliance time for accomplishing
the required actions.
    In April 2015, Dassault issued ``Falcon Service Advisory'' FSA-05-
40-003-R00-A, notifying operators of impending changes to the
Airworthiness Limitations affecting the life limits of internal landing
gear parts. Dassault also issued FSA-05-40-002-R00A, in April 2015, to
provide guidance on determining the cycles-since-new of

landing gear assemblies for operators that had not been rigorously
tracking the cycles on life-limited parts. This FSA allowed operators
to submit a ``Landing Gear Survey'' so that Dassault could help them
``rebuild the life'' of a given landing gear leg or subpart.
    Dassault has informed us that it is in the process of creating an
updated methodology for operators to follow if they do not know the
exact number of flight cycles on landing gear parts for their
airplanes. Therefore, we have revised paragraph (g) of this AD by
extending the initial compliance time from 90 days after the effective
date of this AD to 12 months after the effective date of this AD for
accomplishing the actions specified in Chapter 5-40, Airworthiness
Limitations, DGT 131028, Revision 17, dated September 2017, of the
Dassault Aviation Falcon 20 Maintenance Manual. This will allow
Dassault time to develop the methodology to determine the number of
flight cycles on landing gear parts and provide this information to
operators. We expect to approve this methodology as an alternative
method of compliance (AMOC) to this AD. In addition, under the
provisions of paragraph (j)(1) of this AD, we will consider requests
for approval of an extension of the compliance time if sufficient data
are submitted to substantiate that the extension would provide an
acceptable level of safety.

Economic Impact of NPRM

    Kalitta stated that the Regulatory Findings section of the NPRM did
not take into account operators that have Model DA-20 airplanes as a
significant portion of their fleet. The commenter noted that these
operators should be considered ``small entities,'' are considered small
businesses by the U.S. government, and could be economically destroyed
by the proposed requirements of the NPRM.
    The commenter also noted that, without a method to compute the
flight cycles on landing gear parts, the costs of compliance estimate
in the NPRM would be grossly underestimated because, instead of just
replacement of the landing gear components, complete landing gear
assemblies would have to be replaced.
    We acknowledge the commenter's concern regarding the economic
impact of this AD. However, as stated in the Regulatory Findings
section of this final rule, we have determined that this AD 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. As stated earlier, we have extended the
initial compliance time from 90 days to 12 months after the effective
date of this AD. Extending the compliance time will reduce the impact
to operators and should allow adequate time for Dassault to develop a
methodology to determine the number of flight cycles on landing gear
parts so that operators will not need to replace complete landing gear
assemblies. As stated previously, we expect to approve this methodology
as an AMOC to this AD.
    In addition, under the provisions of paragraph (j)(1) of this AD,
we will consider requests for approval of an extension of the
compliance time if sufficient data are submitted to substantiate that
the extension would provide an acceptable level of safety.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the change 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 addressing 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 final
rule.

Related Service Information Under 1 CFR Part 51

    Dassault has issued Chapter 5-40, Airworthiness Limitations, DGT
131028, Revision 17, dated September 2017, of the Dassault Aviation
Falcon 20 Maintenance Manual. This service information describes, among
other things, new or more restrictive airworthiness limitations and
maintenance requirements; these include life limits for certain
components, including the engine front mounts and the legs of the nose
landing gear and main landing gear, and maintenance tasks for, among
other systems, the air conditioning system and the passenger/crew door
warning system.
    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 168 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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 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 and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.

    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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.

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 adding the following new airworthiness
directive (AD):

2019-07-01 Dassault Aviation: Amendment 39-19612; Docket No. FAA-
2018-0706; Product Identifier 2018-NM-086-AD.

(a) Effective Date

    This AD is effective May 24, 2019.

(b) Affected ADs

    This AD affects AD 2014-26-07, Amendment 39-18058 (80 FR 2815,
January 21, 2015) (``AD 2014-26-07'').

(c) Applicability

    This AD applies to Dassault Aviation Model FAN JET FALCON and
FAN JET FALCON SERIES C, D, E, F, and G airplanes, certificated in
any category, all serial numbers, except those on which the Dassault
Fan Jet Falcon Supplemental Structural Inspection Program (Service
Bulletin (SB) 730) has been embodied into the airplane's maintenance
or inspection program.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination of the need for a
revision to the airplane airworthiness limitations to introduce
changes to the maintenance requirements and airworthiness
limitations. We are issuing this AD to address, among other things,
fatigue cracking and damage in principal structural elements; such
fatigue cracking and damage could result in reduced structural
integrity of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 12 months after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the airworthiness limitations and maintenance
requirements specified in Chapter 5-40, Airworthiness Limitations,
DGT 131028, Revision 17, dated September 2017, of the Dassault
Aviation Falcon 20 Maintenance Manual (MM). The initial compliance
time for accomplishing the actions is at the applicable time
specified in Chapter 5-40, Airworthiness Limitations, DGT 131028,
Revision 17, dated September 2017, of the Dassault Aviation Falcon
20 MM; or within 12 months after the effective date of this AD;
whichever occurs later. Where the threshold column in the table in
paragraph B, Mandatory Maintenance Operations, of Chapter 5-40,
Airworthiness Limitations, DGT 131028, Revision 17, dated September
2017, of the Dassault Aviation Falcon 20 MM specifies a compliance
time in years, those compliance times are since the date of issuance
of the original French or European Aviation Safety Agency (EASA)
airworthiness certificate or date of issuance of the original French
or EASA export certificate of airworthiness.

(h) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used unless the actions and intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of this AD.

(i) Terminating Action for AD 2014-26-07

    Accomplishing the actions required by paragraph (g) of this AD
terminates all of the requirements of AD 2014-26-07.

(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: 9-ANM-116-AMOC-REQUESTS. 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 EASA; or Dassault
Aviation'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 2018-0083, dated April 16, 2018, 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-2018-0706.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Chapter 5-40, Airworthiness Limitations, DGT 131028,
Revision 17, dated September 2017, of the Dassault Aviation Falcon
20 Maintenance Manual.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet http://www.dassaultfalcon.com.
    (4) 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
206-231-3195.
    (5) 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 Des Moines, Washington, on April 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-07939 Filed 4-18-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56845-56847]
[FR Doc No: 2011-23384]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65293; File No. SR-BX-2011-063]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
BOX Fee Schedule

September 8, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 31, 2011, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the self-regulatory organization. The Exchange
filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of
the Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ OMX BX, Inc. (the ``Exchange'') proposes to amend the Fee
Schedule of the Boston Options Exchange Group, LLC (``BOX''). While
changes to the BOX Fee Schedule pursuant to this proposal will be
effective upon filing, the changes will become operative on September
1, 2011. The text of the proposed changes is attached as Exhibit 5. The
text of the proposed rule change is available from the principal office
of the Exchange, at the Commission's Public Reference Room, and also on
the Exchange's Internet Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

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

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

1. Purpose
Section 1 Trading Fees for Public Customer Accounts
    Currently, the trading fee for Public Customers is $0.10 per
executed contract for all non-PIP \5\ transactions. The Exchange
proposes to reduce this fee to $0.07.
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    \5\ See Price Improvement Period (``PIP'') in Chapter V, Section
18 of the BOX Trading Rules.
---------------------------------------------------------------------------

Section 2 Trading Fees for Broker-Dealer Proprietary Accounts
    Currently, the trading fee for broker-dealer proprietary accounts
is $0.25 per contract traded for all classes and all transactions. The
Exchange proposes to increase this fee to $0.40 per contract traded for
all non-PIP transactions.
Fees and Credits in Section 7a
    Currently, Section 7a of the BOX Fee Schedule specifies a $0.55
credit for removing liquidity and $0.55 fee for adding liquidity for
transactions in options classes not in the Penny Pilot program (``Non-
Penny classes'') on the BOX Book, and a $0.15 credit for removing
liquidity and $0.15 fee for adding liquidity for transactions in Penny
Pilot classes. These credits and fees apply equally to all account
types, whether Public Customer, Broker Dealer, or Market Maker, and are
in addition to any applicable trading fees, as described in Sections 1
through 3 of the BOX Fee Schedule.
    The Exchange proposes to increase the existing credits and fees
within Section 7a for transactions in Non-Penny classes on the BOX Book
from $0.55 to $0.65, and in Penny Pilot classes, from $0.15 to $0.22.

Correction to QQQ Symbol in Section 7d
    The Exchange also proposes a technical correction to the symbol for
the QQQQs referenced in various provisions of Section 7d of the BOX Fee
Schedule. The correct symbol is QQQ and was previously incorrectly
referenced as QQQQ.
    The proposed decrease in transaction fees for Public Customers,
increase in fees for broker-dealer proprietary accounts, and increase
in the credit for removing liquidity and fee for adding liquidity on
BOX are generally intended to attract additional order flow and
increase liquidity for the benefit of all BOX market participants.
Additionally, BOX notes that it is one of nine options markets in the
national market system for standardized options. Sending orders to and
trading on BOX is entirely voluntary. Under these circumstances, BOX
transaction fees must be competitive to attract order flow, execute
orders, and grow its market. As such, BOX believes its fees are fair
and reasonable.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\6\ in general, and Section
6(b)(4) of the Act,\7\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The Exchange
believes the changes proposed are an equitable allocation of reasonable
fees and charges among BOX Options Participants. The Exchange also
believes that there is an equitable allocation of reasonable credits
among BOX Options Participants.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that it is equitable to provide a credit to
any Participant that removes liquidity from the BOX Book. The Exchange
further believes an increase in this credit may attract additional
order flow to BOX, resulting in greater liquidity to the benefit of all
market participants. The Exchange believes that the proposed fee for
adding liquidity and credit for removing liquidity in non-PIP
transactions are equitable and non-discriminatory because such fees and
credits apply uniformly to all categories of participants, across all
account types and options classes. Further, the Exchange believes the
proposed fees and credits related to non-PIP transactions to be
reasonable. BOX operates within a highly competitive market in which
market participants can readily direct order flow to any of eight other
competing venues if they deem fees at a particular venue to be
excessive. The changes proposed by this filing are intended to attract
order flow to BOX by offering incentives to all market participants to
submit their orders to BOX.
    The Exchange notes that this proposed rule change will increase
both the fees and credit for non-PIP transactions. The result is that
BOX will collect an increased fee from Participants that add liquidity
on BOX and credit another Participant an equal amount for removing
liquidity. Stated otherwise, the collection of the increased fees will
not result in additional revenue to BOX, but will simply allow BOX to
provide the credit incentive to Participants to attract additional
order flow. The Exchange believes it is appropriate to provide
incentives to market participants to direct order flow to remove
liquidity from BOX, similar to various and widely-used payment for
order flow programs used by other options exchanges. While BOX provides
incentives to market participants to remove liquidity from BOX, the
cumulative effect of the changes proposed will be an increase in fees
for those participants that add liquidity in non-PIP transactions. The
Exchange believes that incentives provided to those that remove
liquidity will attract additional order flow to BOX. Further, the
Exchange believes that a cumulative increase in transaction fees will
not deter participants from adding liquidity on BOX, and that they will
be more likely to add more liquidity to the BOX market so that they may
interact with those participants seeking to remove liquidity.
    The Exchange believes the transaction fees proposed for non-PIP
transactions in broker-dealer proprietary accounts are reasonable. As
stated above, BOX operates within a highly competitive business. The
proposed increase in fees charged to broker-dealer proprietary accounts
is designed to be comparable to the costs that such accounts would be
charged at competing venues. Further, and as stated above, the Exchange
believes that participants that add liquidity on BOX will not be
impaired by the cumulative increase to fees on broker-dealer
proprietary accounts proposed.
    Moreover, the Exchange believes it is equitable and not unfairly
discriminatory to charge broker-dealer proprietary accounts comparably
higher fees than BOX Market Makers. Market Makers have obligations that
other Participants do not. In particular, they must maintain active
two-sided markets in the classes in which they are appointed, and must
meet certain minimum quoting requirements. As such, the Exchange
believes it is appropriate that Market Makers be charged lower
transaction fees on BOX. The Exchange also believes it is equitable and
not unfairly discriminatory that Public Customer be charged lower
transaction fees than broker-dealers on BOX. The securities markets
generally, and BOX in particular, have historically aimed to improve
markets for investors and develop various features within the market
structure for customer benefit. As such, the Exchange believes the
proposed reduction in Public Customer transaction fees is appropriate
and not unfairly discriminatory.
    The Exchange believes the proposed reduction in Public Customer
transaction fees is reasonable. The Exchange believes it promotes the
best interests of investors to have lower transaction costs for Public
Customers, and that the proposed reduction in fees will attract
additional Public Customer order flow to BOX. Additionally and as
previously stated, the Exchange believes the proposed increase in the
credit for removing liquidity will attract additional order flow to
BOX, providing greater liquidity to the benefit of all market
participants.
    The proposed changes will allow the fees charged on BOX to remain
competitive with other exchanges as well as apply such fees in a manner
which is equitable among all BOX Participants. The Exchange believes
the proposed transaction fees and credits are fair and reasonable and
must be competitive with fees and credits in place on other exchanges.
Further, the Exchange believes that this competitive marketplace
impacts the fees and credits present on BOX today and influences the
proposal set forth above.

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

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

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \8\ and Rule 19b-4(f)(2)
thereunder,\9\ because it establishes or changes a due, fee, or other
charge applicable only to a member.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2011-063 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2011-063. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NW.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. The text of the proposed rule change is available on
the Commission's Web site at http://www.sec.gov. Copies of such filing
also will be available for inspection and copying at the principal
office of the Exchange. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-BX-2011-063 and should be submitted on or before October 5, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-23384 Filed 9-13-11; 8:45 am]
BILLING CODE 8011-01-P