[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Notices]
[Page 53225]
[FR Doc No: 2015-21722]

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DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY

Application of Harris Aircraft Services, Inc. for Certificate
Authority

AGENCY: Department of Transportation.

ACTION: Notice extending time to file objections and answers--Docket
DOT-OST-2014-0145.

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SUMMARY: The Department of Transportation is extending the period for
the filing of objections to Order 2015-8-10 to allow all interested
persons to show cause why it should not issue an order finding Harris
Aircraft Services, Inc., fit, willing, and able, and awarding it a
certificate of public convenience and necessity to conduct interstate
scheduled air transportation of persons, property and mail.

DATES: Persons wishing to file objections should do so no later than
September 8, 2015.

ADDRESSES: Objections and answers to objections should be filed in
Docket DOT-OST-2014-0145 and addressed to Docket Operations, (M-30,
Room W12-140), U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590, and should be served upon the parties
listed in Attachment A to the order.

FOR FURTHER INFORMATION CONTACT: Barbara Snoden, Air Carrier Fitness
Division (X-56, Room W86-471), U.S. Department of Transportation, 1200
New Jersey Avenue SE., Washington, DC 20590,<PHONE_NUMBER>.

    Dated: August 27, 2015.
Todd M. Homan,
 Director, Office of Aviation Analysis.
[FR Doc. 2015-21722 Filed 9-1-15; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31849-31851]
[FR Doc No: 2014-12606]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1073; Directorate Identifier 2012-NM-039-AD;
Amendment 39-17856; AD 2014-11-06]
RIN 2120-AA64

Airworthiness Directives; Airplanes Originally Manufactured by
Lockheed for the Military as Model P-3A and P3A Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
airplanes originally manufactured by Lockheed Martin Aeronautics
Company for the military as Model P-3A or P3A airplanes. This AD was
prompted by a determination that the existing maintenance or inspection
program must be revised to address fatigue cracking of the airplane.
This AD requires revising the maintenance or inspection program, as
applicable, to incorporate certain limitations. We are issuing this AD
to detect and correct fatigue cracking, which could result in reduced
structural integrity of the airplane.

DATES: This AD is effective July 8, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 8,
2014.

ADDRESSES: For service information identified in this AD, contact
Avenger Aircraft and Services, 103 N. Main Street, Suite 106,
Greenville, SC 29601-4833; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>You may view this referenced 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<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
1073; 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: George Garrido, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5357; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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 airplanes
originally manufactured by Lockheed Martin Aeronautics Company for the
military as Model P-3A or P3A airplanes. The NPRM published in the
Federal Register on January 21, 2014 (79 FR 3341). The NPRM was
prompted by a determination that the existing maintenance program must
be revised to address fatigue cracking of the airplane. The NPRM
proposed to require revising the maintenance or inspection program, as
applicable, to incorporate certain limitations. We are issuing this AD
to detect and correct fatigue cracking, which could result in reduced
structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received. The single commenter,
Lockheed Martin (Lockheed) did not request a change to the NPRM (79 FR
3341, January 21, 2014).

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:

     Are consistent with the intent that was proposed in the
NPRM (79 FR 3341, January 21, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 3341, January 21, 2014).

Costs of Compliance

    We estimate that this AD affects 8 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Revise the maintenance or           1 work-hour x $85 per                  $0              $85             $680
 inspection program.                 hour = $85.
----------------------------------------------------------------------------------------------------------------

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

    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 adding the following new airworthiness
directive (AD):

2014-11-06 Lockheed (Original Manufacturer): Amendment 39-17856;
Docket No. FAA-2013-1073; Directorate Identifier 2012-NM-039-AD.

(a) Effective Date

    This AD is effective July 8, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Model P-3A or P3A airplanes originally
manufactured by Lockheed Martin Aeronautics Company for the
military, as identified in paragraphs (c)(1) and (c)(2) of this AD,
certificated in any category:
    (1) Aero Union Corporation Model P3A airplanes; and
    (2) USDA Forest Service Model P-3A airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers;
57, Wings.

(e) Unsafe Condition

    This AD was prompted by a determination that the existing
maintenance or inspection program must be revised to address fatigue
cracking of the airplane. We are issuing this AD to detect and
correct fatigue cracking, which could result in reduced structural
integrity of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 12 months after the effective date of this AD, revise the
maintenance or inspection program, as applicable, by incorporating
airworthiness limitations specified in Avenger Aircraft and Services
P3A Airworthiness Limitations Section--FAA TCDS A32NM & TCDS
T00006LA, Forest and Wildlife Conservation Usage (Includes Aerial
Dispensing of Liquids), AAS-ALS-07-001, Revision D, dated August 2,
2010.

(h) Compliance Times for Modifications, Replacements, and Inspections

    For the tasks specified in Part-I, Sections B. through E., of
Procedure 01-00-005, of Avenger Aircraft and Services P3A
Airworthiness Limitations Section--FAA TCDS A32NM & TCDS T00006LA,
Forest and Wildlife Conservation Usage (Includes Aerial Dispensing
of Liquids), AAS-ALS-07-001, Revision D, dated August 2, 2010, the
compliance times are specified in paragraphs (h)(1) through (h)(4)
of this AD. For airplanes with combined baseline and aerial
dispensing usage accumulated, the total remaining life and the total
remaining hours or flights until inspection is due for the principle
structural element (PSE) inspection requirements is determined by
combining the fatigue damage accumulated during the baseline and the
aerial dispensing of liquids usage. The usage must be combined in
accordance with a method approved by the Manager, Los Angeles
Aircraft Certification Office (ACO), FAA.
    (1) For the baseline life limits, the compliance time is: At the
applicable ``flight hours'' or ``flights,'' whichever occurs first,
specified in Part-I, Section B, ``Life Limitations Baseline Usage,''
of Procedure 01-00-005, of Avenger Aircraft and Services P3A
Airworthiness Limitations Section--FAA TCDS A32NM & TCDS T00006LA,
Forest and Wildlife Conservation Usage (Includes Aerial Dispensing
of Liquids), AAS-ALS-07-001, Revision D, dated August 2, 2010; or
within 12 months after the effective date of this AD; whichever
occurs later.
    (2) For the baseline PSE inspection requirements, the compliance
time is: At the applicable ``threshold interval hours'' or
``threshold interval flights'' since new, whichever occurs first, as
specified in Tables C.1, C.2, and C.3, of Part-I, Section C,
``Principle Structural Element Inspection Requirements--Baseline
Usage,'' of

Procedure 01-00-005, of Avenger Aircraft and Services P3A
Airworthiness Limitations Section--FAA TCDS A32NM & TCDS T00006LA,
Forest and Wildlife Conservation Usage (Includes Aerial Dispensing
of Liquids), AAS-ALS-07-001, Revision D, dated August 2, 2010; or
within 12 months after the effective date of this AD; whichever
occurs later. Where compliance times are specified as ``threshold
interval hours,'' those compliance times are total flight hours.
Where the compliance times are specified as ``threshold interval
flights,'' those compliance times are total flight cycles.
    (3) For the aerial dispensing of liquids life limits, the
compliance time is: At the applicable ``flight hours'' or
``flights,'' whichever occurs first, specified in Part-I, Section D,
``Life Limitations--Aerial Dispensing of Liquids Usage'' of
Procedure 01-00-005, of Avenger Aircraft and Services P3A
Airworthiness Limitations Section--FAA TCDS A32NM & TCDS T00006LA,
Forest and Wildlife Conservation Usage (Includes Aerial Dispensing
of Liquids), AAS-ALS-07-001, Revision D, dated August 2, 2010; or
within 12 months after the effective date of this AD; whichever
occurs later.
    (4) For the aerial dispensing of liquids PSE inspection
requirements, the compliance time is: At the applicable ``threshold
interval hours'' or threshold interval flights,'' whichever occurs
first, as specified in Tables E.1, E.2, and E.3, of Part-I, Section
E, ``Principle Structural Element Inspection Requirements--Aerial
Dispensing of Liquids Usage,'' of Procedure 01-00-005, of Avenger
Aircraft and Services P3A Airworthiness Limitations Section--FAA
TCDS A32NM & TCDS T00006LA, Forest and Wildlife Conservation Usage
(Includes Aerial Dispensing of Liquids), AAS-ALS-07-001, Revision D,
dated August 2, 2010; or within 12 months after the effective date
of this AD; whichever occurs later.

(i) 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 or intervals are approved as an
alternative method of compliance in accordance with the procedures
specified in paragraph (j) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (k) 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.

(k) Related Information

    For more information about this AD, contact George Garrido,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
CA 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(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 the AD specifies otherwise.
    (i) Avenger Aircraft and Services P3A Airworthiness Limitations
Section--FAA TCDS A32NM & TCDS T00006LA, Forest and Wildlife
Conservation Usage (Includes Aerial Dispensing of Liquids), AAS-ALS-
07-001, Revision D, dated August 2, 2010. (ii) Reserved.
    (3) For service information identified in this AD, contact
Avenger Aircraft and Services, 103 N. Main Street, Suite 106,
Greenville, SC 29601-4833; telephone:<PHONE_NUMBER>; fax: 864-232-
8074; email<EMAIL_ADDRESS>    (4) You may view this service information at 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.
    (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 Renton, Washington, on May 16, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-12606 Filed 6-2-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14412-14414]
[FR Doc No: 2023-04682]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97018; File No. SR-ICEEU-2022-027]

Self-Regulatory Organizations; ICE Clear Europe Limited; Order
Approving Proposed Rule Change Relating to the Capital Replenishment
Plan

March 2, 2023.

I. Introduction

    On December 29, 2022, ICE Clear Europe Limited (``ICEEU'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(2) of the Securities Exchange Act of 1934 (the
``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
adopt a capital replenishment plan. The proposed rule change was
published for comment in the Federal Register on January 17, 2023.\3\
The Commission did not receive comments regarding the proposed rule
change. For the reasons discussed below, the Commission is approving
the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Self-Regulatory Organizations; ICE Clear Europe Limited;
Notice of Filing of Proposed Rule Change Relating to the Capital
Replenishment Plan; Exchange Act Release No. 96634 (Jan. 11, 2023),
88 FR 2668 (Jan. 17, 2023) (File No. SR-ICEEU-2022-027)
(``Notice'').
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II. Description of the Proposed Rule Change

A. Background

    ICE Clear Europe is registered with the Commission as a clearing
agency for the purpose of clearing security-based swaps. In its role as
a clearing agency for security-based swaps, ICE Clear Europe maintains
certain financial resources as capital. A number of different laws and
regulations require ICEEU to maintain capital, as doing so promotes ICE
Clear Europe's resiliency and helps it withstand periods of market
stress. In the proposed rule change, ICEEU would adopt a new Capital
Replenishment Plan (``CRP'') \4\ to explain how ICEEU would replenish
its capital following a loss. The proposed adoption of the CRP is
designed to address ICEEU's need to replenish capital because of a
Clearing Member default, the occurrence of sudden extraordinary one-off
losses, net losses resulting from custody or investment risks, or from
recurring losses which may arise from general business risks.\5\ The
CRP would consist of five sections, and would include two appendices
and two annexes. Each of these sections is described below. ICEEU would
review the CRP annually and would include capital replenishment within
its annual default management test schedule.
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    \4\ Capitalized terms not otherwise defined herein have the
meanings assigned to them in the CRF or ICEEU's rulebook, as
applicable.
    \5\ See Notice, 88 FR 2668.
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B. Section 1--Introduction and Background

    Section 1 of the CRP introduces the plan, describes the purpose of
the plan, and explains ICEEU's approach in developing the plan. As
mentioned above, the overall purpose of the plan is to replenish
capital following a loss. The proposed CRP: (i) describes actions that
ICEEU could take to replenish its capital, for both its own resources
contribution to the guaranty fund and for its capital requirement under
EMIR; (ii) explains ICEEU's approach to capital management and
maintaining capital; and (iii) identifies associated stakeholders and
responsibilities.
    Section 1 outlines the steps ICEEU would expect to take to
replenish capital, including (i) first assessing and using available
accumulated financial resources, (ii) then looking to use reasonably
calculated forecasts as to future profits, (iii) if those resources are
insufficient to restore capital to the legal requirement, by seeking
resources from its parent company in the ICE group, and (iv)
thereafter, with the approval of its parent and subject to the rights
of existing shareholders, by seeking additional capital from third
parties. ICEEU may also bypass the first two steps outlined above and
immediately request capital from its parent company.
    Finally, Section 1 of the CRP assigns the overall accountability
for the CRP to the ICEEU President, the ICEEU Finance Director, and the
ICEEU Board.

C. Section 2--Responsibilities

    While Section 1 of the CRP assigns overall accountability to the
President, Finance Director, and Board, Section 2 provides further
details on that accountability. Specifically, under Section 2, ICEEU's
Finance Director is responsible for monitoring ICEEU's compliance with
the applicable regulatory capital requirements, reporting capital
adequacy internally and to regulators, escalating matters relating to
capital adequacy to ICEEU's President where appropriate, and
contributing to the development of plans to increase and/or replenish
Eligible Capital as required for ICEEU to continue to meet its
regulatory capital requirements. ICEEU's Finance Director also prepares
forward-looking calculations of capital adequacy and dividend
recommendations.
    ICEEU's President is responsible for ensuring ICEEU meets its
capital adequacy obligations under relevant laws and regulations.
ICEEU's President is also responsible for developing and executing any
plans to increase and/or replenish capital as required in order for
ICEEU to continue to meet its regulatory capital requirements, where
necessary.
    The Board Risk Committee is responsible for reviewing and
recommending to the Board the principles underlying the capital
planning process as well as the Plan itself, and the Board itself would
be responsible for approving the principles and the Plan. The Board is
also responsible for holding the President accountable for
demonstrating adherence to ICEEU capital policies and

for reviewing and approving any capital transactions. The Board is also
responsible for reviewing and recommending the principles that underpin
the capital planning process and reviewing and approving any capital
transactions.

D. Section 3--Target Capital Amount

    Section 3 of the CRP explains how ICEEU determines its target
capital amount in excess of the legal minimum capital requirement.
ICEEU is required to maintain capital under a number of different laws
and regulations, including regulations issued by the Bank of England
and the Commission. ICEEU considers its capital, as calculated in
accordance with Article 1(1) of EMIR Capital RTS, to be its Base
Capital Requirement.\6\
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    \6\ Commission Delegated Regulation (EU) No. 152/2013 of 19
December 2012 supplementing Regulation (EU) No. 648/2012 of the
European Parliament and of the Council with regard to regulatory
technical standards on capital requirements for central
counterparties, as on-shored into UK law following the end of the
Brexit transition period.
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    Section 3 of CRP explains that ICEEU seeks to maintain capital
above the threshold at which ICEEU would be required to notify the Bank
of England (which is generally 10% above the required capital level).
In addition, ICEEU also endeavors to maintain additional capital, on a
voluntary basis, approximately equal to an additional 10% of the
required capital level plus the 10% buffer referenced above.

E. Section 4--Capital Replenishment Tools

    Section 4 of the CRP provides further detail regarding the use of
the capital replenishment tools referenced above in different default
loss and non-default loss scenarios and related actions to be taken for
each tool, including as to the key individuals and departments involved
and approvals required, the estimated timing for various actions,
relevant documentation requirements, the procedure for determination of
the relevant amount of additional resources to be sought or applied
from the relevant sources, and the process for consultation with
Clearing Members and regulators, among other matters.

F. Section 5, Appendices, and Annexes

    Section 5 of the CRP provides a version history. Appendix A
provides additional detail on replenishment actions, including the
timings for the actions and the personnel that are involved. Appendix B
is a glossary of defined terms found in the CRP. Annex 1 consists of
template corporate resolutions for ICEEU to use in carrying out certain
replenishment actions, while Annex 2 consists of template corporate
resolutions for ICEEU's parent company to use in authorizing ICE Clear
Europe's replenishment actions.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\7\ For the reasons discussed below, the Commission finds
that the proposed rule change is consistent with Section 17A(b)(3)(F)
of the Act,\8\ and Rules 17Ad-22(e)(2)(v), (3)(ii), and (e)(15)
thereunder.\9\
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    \7\ 15 U.S.C. 78s(b)(2)(C).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ 17 CFR 240.17Ad-22(e)(2)(v), (e)(3)(ii), and (e)(15).
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A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of ICEEU be designed to promote the prompt and accurate
clearance and settlement of securities transactions.\10\ Based on its
review of the record, and for the reasons discussed below, the
Commission believes the proposed rule change is consistent with the
promotion of the prompt and accurate clearance and settlement of
securities transactions at ICEEU because it would adopt the CRP, which
establishes ICEEU's procedures for replenishing capital.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The proposed rule is intended to document procedures for
replenishing capital. The proposed CRP would facilitate the continued
operation of ICEEU following a significant loss from one or more
Clearing Member defaults or a non-default loss (including investment or
custodial losses and losses from general business risk) by replenishing
needed financial resources. The proposed rule would address
replenishment to both the minimum legal capital requirement and the
higher target level intended to provide additional resources as an
operating buffer. The proposed CRP would therefore help enable ICEEU to
continue operations, including clearing and settling transactions,
following a significant loss that affects ICEEU's capital. The proposed
rule change is therefore consistent with the continued prompt and
accurate clearance and settlement of securities transactions,
consistent with the requirements of Section 17A(b)(3)(F) of the
Act.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(2)(v) Under the Exchange Act

    Rule 17Ad-22(e)(2)(v) \12\ provides that the ``covered clearing
agency shall establish, implement, maintain and enforce written
policies and procedures reasonable designed to, as applicable [. . .]
provide for governance arrangements'' that ``specify clear and direct
lines of responsibility.'' \13\
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    \12\ 17 CFR 240.17 Ad-22(e)(2).
    \13\ 17 CFR 240.17 Ad-22(e)(2)(v).
---------------------------------------------------------------------------

    The Commission believes the proposed rule change is consistent with
17Ad-22(e)(2)(v). The CRP identifies responsibilities of key ICEEU
personnel, including the Board, the President, and other stakeholders
with respect to ongoing compliance with capital requirements and for
capital replenishment when necessary. The proposed CRP also provides
for annual review by ICEEU's President, Finance Director, and Board to
ensure that it remains up-to-date and is reviewed in accordance with
the Clearing House's internal governance processes.

C. Consistency With Rule 17Ad-22(e)(3)(ii) Under the Exchange Act

    Rule 17Ad-22(e)(3)(ii) \14\ provides that the ``covered clearing
agency shall establish, implement, maintain and enforce written
policies and procedures reasonable designed to, as applicable [. . .]
maintain a sound risk management framework for comprehensively managing
legal, credit, liquidity, operational, general business, investment,
custody and other risks that arise in or are borne by the covered
clearing agency, which . . . includes plans for the recovery or orderly
wind-down of the covered clearing agency necessitated by credit losses,
liquidity shortfalls, losses from general business risk, or any other
losses.'' \15\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.17Ad-22(e)(3)(ii).
    \15\ 17 CFR 240.17Ad-22(e)(3)(ii).
---------------------------------------------------------------------------

    The Commission believes that the proposed rule is consistent with
Rule 17Ad-22(e)(3)(ii). The proposed CRP serves as a recovery tool and
part of ICEEU's broader Recovery Plan because it documents tools,
arrangements and procedures for replenishing capital resulting from
default losses or non-default losses, including losses from general
business risk. The proposed CRP further sets out the roles and
functions of the Board, ICEEU management and other internal personnel
and committees

in taking such steps to replenish financial resources.

D. Consistency With Rule 17Ad-22(e)(15) Under the Exchange Act

    Rule 17Ad-22(e)(15) \16\ states that a clearing agency shall
``identify, monitor, and manage, the covered clearing agency's general
business risk and hold sufficient liquid net assets funded by equity to
cover potential general business losses . . .'' by ``[m]aintaining a
viable plan, approved by the board of directors and updated at least
annually, for raising additional equity should its equity fall close to
or below the amount required under paragraph (e)(15)(ii) of this
section.'' \17\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.17Ad-22(e)(15).
    \17\ 17 CFR 240.17 Ad-22(e)(15)(iii).
---------------------------------------------------------------------------

    The Commission believes the proposed rule is consistent with Rule
17Ad-22(e)(15). The proposed rule has been approved by the ICEEU Board
of Directors, would be reviewed and updated annually, and would outline
the tools available to restore additional capital if needed.
Specifically, the proposed rule serves as a part of a broader recovery
plan and is intended to document tools, arrangements and procedures for
replenishing capital when needed, including as a result of losses from
general business risk. The capital restoration levels detailed in the
proposed rule are based on ICEEU's legal capital requirements and its
own target capital level. These are designed to exceed the amount
required under Rule 17Ad-22(e)(15)(ii).\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.17 Ad-22(e)(15)(ii).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
and in particular, with the requirements of Section 17A(b)(3)(F) of the
Act \19\ and Rules 17Ad-22(e)(2)(v), (e)(3)(ii), and (e)(15)
thereunder.\20\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78q-1(b)(3)(F).
    \20\ 17 CFR 240.17Ad-22(e)(2)(v), (e)(3)(ii), and (e)(15).
---------------------------------------------------------------------------

    It is therefore ordered pursuant to Section 19(b)(2) of the Act
\21\ that the proposed rule change (SR-ICEEU-2022-027), be, and hereby
is, approved.\22\
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2).
    \22\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-04682 Filed 3-7-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Pages 85704-85706]
[FR Doc No: 2020-28660]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90746; File No. SR-ICEEU-2020-016]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Publication of a Circular Regarding the Interpretation of References
to EU Legislation in the Clearing Rules at the End of the Brexit
Transition Period

December 21, 2020.
    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 December 11, 2020, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II and III below, which Items have been prepared primarily by
ICE Clear Europe. ICE Clear Europe filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(1)
thereunder,\4\ such that the proposed rule change was immediately
effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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

    ICE Clear Europe is proposing to publish a Circular, titled ICE
Clear Europe: Interpretation of References to EU Legislation in the
Clearing Rules Post-Brexit (the ``Circular''), to provide guidance as
to the interpretation of references to European Union (``EU'')
directives and regulations in the ICE Clear Europe Clearing Rules and
Procedures \5\ in the event that the United Kingdom (``UK'') ceases to
be an EU member state, in circumstances where no withdrawal agreement
stipulating that EU laws will continue to apply in the UK has been
agreed between the UK and the EU-27. The interpretation contained in
the Circular will only apply under such circumstances.
---------------------------------------------------------------------------

    \5\ Capitalized terms used but not defined herein have the
meanings specified in the ICE Clear Europe Clearing Rules (the
``Rules'').
---------------------------------------------------------------------------

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

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such 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 Circular is to provide guidance with
respect to the interpretation of certain provisions in the Rules and
Procedures in the event that the UK exits the Transition Period, in
circumstances where no trade agreement has been agreed between the UK
and the EU-27 stipulating that EU laws will continue to apply in the
UK. In such circumstances, directly applicable EU directives and
regulations will be incorporated into UK law with modifications at the
end of the Transition Period pursuant to the European Union
(Withdrawal) Act 2018 (the ``EUWA''), which would result in there being
two versions of a directly applicable EU legislative act which may be
applicable to the Rules: (1) The version as enacted in the EU, directly
applicable throughout the EU (and, in certain cases, the EEA); and (2)
the version incorporated into UK law (referred to as ``on-shored'').
    There are various references to EU directives and regulations in
the Rules and Procedures; others may arise by implication by virtue of
definitions such as that of ``Applicable Laws'' or ``Governmental
Authority'' (Rule 101). ICE Clear Europe is proposing to publish the
Circular to provide guidance as to the proper interpretation of such
references in the event of the end of the Transition Period without a
trade agreement in place that provides for continued applicability of
EU law in the UK. The guidance is intended to be consistent with the
views of legal practitioners in the UK with respect to references to EU
directives and regulations in English law contracts generally, but
applied to the particular definitions and situations that arise under
the Rules and Procedures.
    The Circular sets out several principles that will be applied by
ICE Clear Europe when interpreting references to an EU regulation or
directive in its Rules:
    1. Where the reference concerns an obligation on, or otherwise
applies to, the Clearing House or a UK Clearing Member:
    [cir] Where the reference is to an EU regulation, it should be
interpreted as the regulation as it forms part of UK domestic law
through section 3 of the EUWA, and as amended by UK law from time to
time; and
    [cir] Where the reference is to an EU directive, it should be
interpreted as the UK domestic law corresponding to the directive or
provision thereof.
    2. Where the reference concerns an obligation on, or otherwise
applies to, an EU Clearing Member:
    [cir] Where the reference is to an EU regulation, it should be
interpreted as the regulation as it applies in the EU, and as amended
by EU law from time to time; and
    [cir] Where the reference is to an EU directive, it should be
interpreted as the EU directive, as amended by EU law from time to time
and as implemented in the relevant member state of the EU Clearing
Member.

The Circular also addresses situations where both sets of laws apply,
for example for entities established in the UK with an EU branch (or
vice versa) or which continue to be regulated in both systems under
cross-border licenses, the UK temporary permissions regime or other
grandfathering arrangements (via reverse solicitation or otherwise). By
way of example, it explains how Rule requirements that Clearing Members
maintain sufficient capital would require UK Clearing Members to comply
with the on-shored version of the applicable regulatory requirements as
well as applicable EU requirements for any EU branch or to the extent
they are subject to EU consolidated supervision. EU Clearing Members
with a UK branch or which are subject to UK consolidated supervision
would be required to comply with UK capital rules equivalent to the EU
rules, to the extent applicable (in addition to their applicable home
country requirements). Rule

requirements that Clearing Members maintain segregated accounts would
require UK Clearing Members to comply with the on-shored version of the
applicable regulatory requirements, while EU Clearing Members would be
required to comply with the existing EU regulations.
    The Circular further sets out certain exceptions to these general
principles relating to the following:
     A reference to an EU law relating to emission allowance
units issued under the EU Emissions Trading Scheme should be
interpreted, as regards EU emission allowances, to continue to refer to
the EU law;
     References to an EU law, as it relates to UK emission
allowances, will refer to the new UK Emissions Trading Scheme (UK ETS).
The Circular also notes that UK emissions allowances, unlike the EU
emissions allowances, have not been designated as investments under the
UK Financial Service and Markets Act and therefore will not be covered
as deliveries of financial instruments under the Rules or covered by
the Part 12 settlement finality rules in the Rules, unless and until
that law is changed;
     References to EU member state laws transposing or
implementing an EU directive will be read to include UK laws
corresponding to that EU directive;
     Certain references relating to the European Market
Infrastructure Regulation (Regulation (EU) No. 648/2012) and related EU
authorities will be read to continue to refer to relevant EU law and
authorities, for example in the context of ICE Clear Europe's status as
a third country central counterparty thereunder;
     As the Clearing House has a designated or deemed national
settlement finality directive status in certain EU member states, Part
12 of the Rules will be interpreted as constituting the settlement
finality rules applicable to its designated system under the laws of
those EU member states; and
     References relating to EU data protection legislation are
excluded, since separate amendments will be proposed to the Clearing
Rules to address Brexit-related data protection issues.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed rule change is
consistent with the requirements of Section 17A of the Act \6\ and the
regulations thereunder applicable to it, including the standards under
Rule 17Ad-22.\7\ In particular, Section 17A(b)(3)(F) of the Act \8\
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. The proposed Circular would provide guidance with respect to
the interpretation of the Rules that would apply to EU and UK Clearing
Members and ICE Clear Europe upon the termination of the Transition
Period if there is no trade agreement that provides for EU law to
continue to apply in the UK. The interpretation would thus facilitate
continued clearing by EU and UK Clearing Members in compliance with
applicable law in relevant jurisdictions and promote the prompt and
accurate clearance and settlement of transactions by such persons. As
such, the interpretation is consistent with the safeguarding of
securities and funds in the custody or control of the Clearing House or
for which it is responsible, the protection of investors and the public
interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 17 CFR 240.17Ad-22.
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Moreover, the interpretation is consistent with Rule 17Ad-
22(e)(1),\9\ which requires that each covered clearing agency
establish, implement, maintain and enforce written policies and
procedures reasonably designed to provide for a well-founded, clear,
transparent, and enforceable legal basis for each aspect of its
activities in all relevant jurisdictions. As discussed herein, the
interpretation is designed to ensure that references to EU legislation
in the Rules and Procedures are properly interpreted should the
Transition Period end with no trade agreement stipulating that EU laws
will continue to apply in the UK. The guidance set out in the Circular
would facilitate continued clearing in light of the requirements of UK
and EU law in those circumstances and would minimize the potential for
disputes and legal uncertainty. ICE Clear Europe does not expect that
the interpretation will adversely impact its ability to comply with the
Act or any standards under Rule 17Ad-22.\10\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.17Ad-22(e)(1).
    \10\ 17 CFR 240.17Ad-22.
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed guidance in the
Circular would have any impact, or impose any burden, on competition
not necessary or appropriate in furtherance of the purpose of the Act.
The guidance will not change the substantive requirements of any Rules
or Procedures but will clarify the proper interpretation of references
to EU legislation in order to facilitate that the Clearing House and EU
and UK Clearing Members continue to adhere to applicable laws and
regulations. ICE Clear Europe does not believe the interpretation will
in itself materially affect the cost of, or access to, clearing. As a
result, ICE Clear Europe does not believe the proposed rule change
imposes any burden on competition that is inappropriate 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 Circular have not been
solicited or received. ICE Clear Europe will notify the Commission of
any written comments received by ICE Clear Europe.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act and paragraph (f) of Rule 19b-4 thereunder. At
any time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2020-016 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2020-016. 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 Europe and on ICE
Clear Europe's website at https://www.theice.com/notices/Notices.shtml?regulatoryFilings. 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-
ICEEU-2020-016 and should be submitted on or before January 19, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-28660 Filed 12-28-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Proposed Rules]
[Pages 20097-20100]
[FR Doc No: 2021-07201]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0269; Project Identifier MCAI-2020-01417-T]
RIN 2120-AA64

Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Canada Limited Partnership Model BD-500-1A10 and

BD-500-1A11 airplanes. This proposed AD was prompted by reports of in-
flight engine shutdowns (IFESs); investigation results indicated that
this could be caused by high altitude climbs at higher thrust settings
on engines with certain thrust ratings. This proposed AD would require
amending the existing airplane flight manual (AFM) to incorporate a new
limitation and revise certain normal procedures, as specified in a
Transport Canada Civil Aviation (TCCA) AD, which is proposed for
incorporation by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 1,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For TCCA material that will be incorporated by reference (IBR) in
this AD, contact the TCCA, Transport Canada National Aircraft
Certification, 159 Cleopatra Drive, Nepean, Ontario, K1A 0N5, CANADA;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet https://tc.canada.ca/en/aviation. For Airbus material that will be IBR in this
AD, contact Airbus Canada Limited Partnership, 13100 Henri-Fabre
Boulevard, Mirabel, Qu[eacute]bec J7N 3C6, Canada; telephone 450-476-
7676; email<EMAIL_ADDRESS>internet http://a220world.airbus.com.
You may view this IBR material at the FAA, Airworthiness Products
Section, Operational Safety 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 in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0269.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0269; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0269; Project Identifier
MCAI-2020-01417-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Thomas Niczky, Aerospace Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA
AD CF-2020-41, issued October 15, 2020 (TCCA AD CF-2020-41) (also
referred to as the Mandatory Continuing Airworthiness Information, or
the MCAI), to correct an unsafe condition for certain Airbus Canada
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes.
    This proposed AD was prompted by reports of IFESs; investigations
are ongoing to determine the root cause. Investigation results
indicated that an IFES could be caused by high altitude climbs at
higher thrust settings on engines with certain thrust ratings. The FAA
is proposing this AD to provide the flightcrew with information and
procedures for operation above 29,000 feet to prevent uncontained
failure of an engine during an IFES, which could result in structural
damage and reduced structural integrity of the airplane. See the MCAI
for additional background information.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2020-41 specifies procedures for amending the applicable
AFM to incorporate a new limitation and revise the normal procedures to
limit the engine N1 setting for flights above 29,000 feet.
    Airbus Canada Limited Partnership has issued Supplement 21--
Operation Above 29000 Feet, of Airbus A220-100 Airplane Flight Manual,
Publication BD500-3AB48-22200-00, Issue 016, dated October 16, 2020.
This supplement specifies limitations, information, and procedures for
operation above 29,000 feet.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been

notified of the unsafe condition described in the MCAI referenced
above. The FAA is proposing this AD because the FAA evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in TCCA AD CF-2020-41 described previously, as incorporated by
reference, except as specified under ``Differences Between this
Proposed AD and the MCAI'' in this NPRM, and except for any differences
identified as exceptions in the regulatory text of this AD.

Differences Between This Proposed AD and the MCAI

    The MCAI requires a borescope inspection for signs of damage of the
1st stage axial low-pressure compressor (LPC) rotor of each engine, and
allows for the optional installation of health management unit reports
to monitor N1 exceedances. This proposed AD does not include either
provision.
    The MCAI also requires amending the AFM by ``incorporating the
Supplement 21 Operation above 29000 feet from AFM Revision 15-A dated
10 September 2020.'' Since the MCAI was issued, Supplement 21 was
revised. This proposed AD would require the incorporation of Supplement
21--Operation Above 29000 Feet, of Airbus A220-100 Airplane Flight
Manual, Publication BD500-3AB48-22200-00, Issue 016, dated October 16,
2020.
    The MCAI requires operators to ``inform all flight crews'' of
revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as those actions are already required by FAA regulations.
    FAA regulations require operators furnish to pilots any changes to
the AFM (ex: 14 CFR 121.137, and to ensure the pilots are familiar with
the AFM (ex: 14 CFR 91.505). As with any other training requirement,
training on the updated AFM content is tracked by the operators and
recorded in each pilot's training record, which is available for the
FAA to review.
    FAA regulations also require pilots to follow the procedures in the
existing AFM including all updates. 14 CFR 91.9 requires that no person
may operate a civil aircraft without complying with the operating
limitations specified in the AFM. Therefore, including a requirement in
this proposed AD to operate the airplane according to the revised AFM
would be redundant and unnecessary. Further, compliance with such a
requirement in an AD would be impracticable to demonstrate or track on
an ongoing basis; therefore, a requirement to operate the airplane in
such a manner would be unenforceable.
    These differences have been coordinated with TCCA.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, TCCA AD CF-2020-41
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with TCCA AD CF-2020-41 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information specified in TCCA AD CF-2020-41 that is required
for compliance with TCCA AD CF-2020-41 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0269 after the FAA final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 42 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $3,570
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Canada Limited Partnership (Type Certificate Previously Held
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.):
Docket No. FAA-2021-0269; Project Identifier MCAI-2020-01417-T.

(a) Comments Due Date

    The FAA must receive comments by June 1, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership (type
certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category, as identified in Transport
Canada Civil Aviation (TCCA) AD CF-2020-41, issued October 15, 2020
(TCCA AD CF-2020-41).

(d) Subject

    Air Transport Association (ATA) of America Code 72, Engines.

(e) Reason

    This AD was prompted by reports of in-flight engine shutdowns
(IFESs); investigation results indicated that this could be caused
by high altitude climbs at higher thrust settings on engines with
certain thrust ratings. The FAA is issuing this AD to provide the
flightcrew with information and procedures for operation above
29,000 feet to prevent uncontained failure of an engine during an
IFES, which could result in structural damage and reduced structural
integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, paragraph A., of TCCA AD CF-2020-41.

(h) Exceptions to TCCA AD CF-2020-41

    (1) Where TCCA AD CF-2020-41 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where paragraph A. of TCCA AD CF-2020-41 requires amending
the airplane flight manual (AFM) by ``incorporating the Supplement
21 Operation above 29,000 feet from AFM Revision 15-A, dated 10
September 2020,'' this AD requires amending the existing AFM by
incorporating Supplement 21--Operation Above 29,000 Feet, of Airbus
A220-100 Airplane Flight Manual, Publication BD500-3AB48-22200-00,
Issue 016, dated October 16, 2020.
    (3) Where paragraph A. of TCCA AD CF-2020-41 specifies to
``inform all flight crews of the new supplement and thereafter
operate the aeroplane accordingly,'' this AD does not require those
actions as those actions are already required by existing FAA
operating regulations.
    (4) Where paragraphs B. and C. of TCCA AD CF-2020-41 specify
procedures for a borescope inspection for signs of damage of the 1st
stage axial low-pressure compressor (LPC) rotor of each engine, to
be performed after the AFM N1 limitation has been exceeded, this AD
does not require that action.
    (5) Where paragraph C. of TCCA AD CF-2020-41 describes an
optional installation of health management unit reports to monitor
N1 exceedances, this AD does not include that option.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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 instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Airbus
Canada's TCCA Design Approval Organization (DAO). If approved by the
DAO, the approval must include the DAO-authorized signature.

(j) Related Information

    (1) For TCCA AD CF-2020-41, contact the TCCA, Transport Canada
National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario, K1A 0N5, CANADA; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet https://tc.canada.ca/en/aviation. For Airbus
service information identified in this AD, contact Airbus Canada
Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel,
Qu[eacute]bec J7N 3C6, Canada; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet http://a220world.airbus.com. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0269.
    (2) For more information about this AD, contact Thomas Niczky,
Aerospace Engineer, Avionics and Electrical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on April 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-07201 Filed 4-15-21; 8:45 am]
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[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Rules and Regulations]
[Page 24249]
[FR Doc No: 2017-10856]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0444]

Drawbridge Operation Regulation; Neponset River, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Granite Avenue Bridge across
Neponset River, mile 2.5, at Boston, Massachusetts. This deviation is
necessary in order to facilitate the McKeon Post Scholarship Road Race
and allows the bridge to remain in the closed position for two hours.

DATES: This deviation is effective from 9:30 a.m. to 11:30 a.m. on June
18, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0444 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email James L. Rousseau, Senior Bridge
Management Specialist, First District Bridge Branch, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The owner of the bridge, the Massachusetts
Department of Transportation, requested a temporary deviation from the
normal operating schedule to facilitate a road race. The Granite Avenue
Bridge, mile 2.5, across Neponset River, has a vertical clearance of 6
feet at mean high water and 16 feet at mean low water in the closed
position. The existing drawbridge operating regulations are listed at
33 CFR 117.611.
    The temporary deviation will allow the Granite Avenue Bridge to
remain closed from 9:30 a.m. through 11:30 a.m. on June 18, 2017. The
waterway is used primarily by seasonal recreational vessels.
Coordination with waterway users has indicated no objections to the
proposed short-term closure of the draw.
    Vessels able to pass through the bridge in the closed positions may
do so at anytime. The bridge will be able to open for emergencies.
There is no alternate route for vessels to pass.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: May 23, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2017-10856 Filed 5-25-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Notices]
[Page 36529]
[DOCID:fr03jy07-112]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension: Regulation A; OMB Control No. 3235-0286; SEC File No.
270-110 (Forms 1-A and 2-A).

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Regulation A (17 CFR 230.251 through 230.263) provides an exemption
from registration under the Securities Act of 1933 (15 U.S.C. 77a et
seq.) for certain limited securities offerings by issuers who do not
otherwise file reports with the Commission. Form 1-A is an offering
statement filed under Regulation A. Form 2-A is used to report sales
and used of proceeds in Regulation A offerings. We estimate that
approximately 100 issuers file Forms 1-A and 2-A annually. We estimated
that Form 1-A takes approximately 608 hours to prepare, Form 2-A takes
approximately 12 hours to prepare, and Regulation A takes one
administrative hour to review for a total of 621 hours per response. We
estimate that 75% of the 621 hours per response (465.75 hours) is
prepared by the company for a total annual burden of 46,575 hours
(465.75 hours per response x 100 responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or
send an e-mail to<EMAIL_ADDRESS>
    June 25, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-12783 Filed 7-2-07; 8:45 am]

BILLING CODE 8010-01-P