[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Rules and Regulations]
[Pages 30132-30134]
[FR Doc No: 2015-12698]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-1819; Special Conditions No. 25-583-SC]

Special Conditions: Bombardier Aerospace, Models BD-500-1A10 and
BD-500-1A11 Series Airplanes; Operation Without Normal Electrical Power

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Bombardier
Aerospace Models BD-500-1A10 and BD-500-1A11 series airplanes. These
airplanes will have novel or unusual design features when compared to
the state of technology envisioned in the airworthiness standards for
transport category airplanes. These design features are electrical and
electronic systems that perform critical functions, the loss of which
could be catastrophic to the airplane. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
these design features. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Bombardier Aerospace on May 27,
2015. We must receive your comments by June 26, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-1819
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Massoud Sadeghi, FAA, Airplane and
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington, 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplanes. In addition, the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On December 10, 2009, Bombardier Aerospace applied for a type
certificate for their new Models BD-500-1A10 and BD-500-1A11 series
airplanes (hereafter collectively referred to as ``CSeries''). The
CSeries airplanes are swept-wing monoplanes with an aluminum alloy
fuselage, sized for 5-abreast seating. Passenger capacity is designated
as 110 for the Model BD-500-1A10 and 125 for the Model BD-500-1A11.
Maximum takeoff weight is 131,000 pounds for the Model BD-500-1A10 and
144,000 pounds for the Model BD-500-1A11. The CSeries airplanes will
have an electronic flight control system.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Bombardier Aerospace must show that the CSeries airplanes
meet the applicable provisions of 14 CFR part 25 as amended by
Amendments 25-1 through 25-129.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the CSeries airplanes because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model.
    In addition to the applicable airworthiness regulations and special
conditions, the CSeries airplanes must comply with the fuel vent and
exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36, and the FAA must issue a
finding of regulatory

adequacy under section 611 of Public Law 92-574, the ``Noise Control
Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The CSeries will incorporate the following novel or unusual design
features: Electrical and electronic flight control systems that perform
critical functions, the loss of which may result in loss of flight
controls and other critical systems and may be catastrophic to the
airplane.
    The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for these design features. These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

Discussion

    The CSeries airplanes have a fly-by-wire flight control system that
requires a continuous source of electrical power in order to maintain
an operable flight control system. Section 25.1351(d), Operation
without normal electrical power, requires safe operation in visual
flight rule (VFR) conditions for at least five minutes after loss of
normal electrical power excluding the battery. This rule was structured
around a traditional design using mechanical control cables and
linkages for flight control. These manual controls allowed the crew to
maintain aerodynamic control of the airplane for an indefinite period
of time after loss of all electrical power. Under these conditions, a
mechanical flight control system provided the crew with the ability to
fly the airplane while attempting to identify the cause of the
electrical failure, restart engine(s) if necessary, and attempt to re-
establish some of the electrical power generation capability.
    A critical assumption in Sec.  25.1351(d) is that the airplane is
in VFR conditions at the time of the failure. This is not a valid
assumption in today's airline operating environment where airplanes fly
much of the time in instrument meteorological conditions on air traffic
control defined flight paths. Another assumption in the existing rule
is that the loss of all normal electrical power is the result of the
loss of all engines. The five-minute period in the rule is to allow at
least one engine to be restarted following an all-engine power loss in
order to continue the flight to a safe landing. However, service
experience on airplane models with similar electrical power-system
architecture as the CSeries has shown that at least the temporary loss
of all electrical power for causes other than all-engine failure is not
extremely improbable. In addition, Bombardier is applying for extended
operations (ETOPS) type design approval. In order to meet the
applicable ETOPS requirements, the electrical power generation system
must be able to power all of the electrically powered equipment
required for a maximum-length ETOPS diversion.
    In order to maintain the same level of safety envisioned by the
existing rule with traditional mechanical flight controls in a non-
ETOPS operating environment, the CSeries design must not be time-
limited in its operation under all reasonably foreseeable conditions,
including loss of all normal sources of engine or auxiliary-power-unit
(APU)-generated electrical power. Unless Bombardier can show that the
non-restorable loss of the engine and APU power sources is extremely
improbable, Bombardier must demonstrate that the airplanes can maintain
safe flight and landing (including steering and braking on the ground
for airplanes using steer/brake-by-wire and/or fly-by-wire speed brake
panels) with the use of its emergency/alternate electrical power
systems. These electrical power systems, or the minimum restorable
electrical power sources, must be able to power loads that are
essential for continued safe flight and landing, including those
required for a maximum length ETOPS diversion.

Applicability

    As discussed above, these special conditions are applicable to the
Model No. BD-500-1A10 and BD-500-1A11 series airplanes. Should
Bombardier Aerospace apply at a later date for a change to the type
certificate to include another model incorporating the same novel or
unusual design feature, the special conditions would apply to that
model as well.

Conclusion

    This action affects only certain novel or unusual design features
on two model series of airplanes. It is not a rule of general
applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, the FAA has determined
that prior public notice and comment are unnecessary and impracticable,
and good cause exists for adopting these special conditions upon
issuance. The FAA is requesting comments to allow interested persons to
submit views that may not have been submitted in response to the prior
opportunities for comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Bombardier BD-500-1A10 and BD-500-1A11
series airplanes.

Operation Without Normal Electrical Power

    In lieu of Title 14 Code of Federal Regulations (14 CFR) 25.1351(d)
the following special conditions apply:
    1. Bombardier must show by test or a combination of test and
analysis that the airplane is capable of continued safe flight and
landing with all normal electrical power sources inoperative, as
prescribed by paragraphs 1a and 1b below. For purposes of these special
conditions, normal sources of electrical power generation do not
include any alternate power sources such as the battery, ram air
turbine, or independent power systems such as the flight-control
permanent magnet generating system. In showing capability for continued
safe flight and landing, Bombardier must account for systems
capability, effects on crew workload and operating conditions, and the
physiological needs of the flightcrew and passengers for the longest
diversion time for which Bombardier is seeking approval.
    a. In showing compliance with this requirement, Bombardier must
account for common-cause failures, cascading failures, and zonal
physical threats.
    b. Bombardier may consider the ability to restore operation of
portions of the electrical power generation and distribution system if
it can be shown that unrecoverable loss of those portions of the system
is extremely improbable. The design must provide an alternative source
of electrical power for the time required to restore the minimum
electrical power generation capability

required for safe flight and landing. Bombardier may exclude
unrecoverable loss of all engines when showing compliance with this
requirement.
    2. Regardless of any electrical generation and distribution system
recovery capability shown under paragraph 1 of these special
conditions, sufficient electrical system capability must be provided
to:
    a. Allow time to descend, with all engines inoperative, at the
speed that provides the best glide distance, from the maximum operating
altitude to the top of the engine restart envelope, and
    b. Subsequently allow multiple start attempts of the engines and
auxiliary power unit (APU). The design must provide this capability in
addition to the electrical capability required by existing part 25
requirements related to operation with all engines inoperative.
    3. The airplane emergency electrical power system must be designed
to supply:
    a. Electrical power required for immediate safety, which must
continue to operate without the need for crew action following the loss
of the normal electrical power, for a duration sufficient to allow
reconfiguration to provide a non-time-limited source of electrical
power.
    b. Electrical power required for continued safe flight and landing
for the maximum diversion time.
    4. If Bombardier uses APU-generated electrical power to satisfy the
requirements of these special conditions, and if reaching a suitable
runway for landing is beyond the capacity of the battery systems, then
the APU must be able to be started under any foreseeable flight
condition prior to the depletion of the battery or the restoration of
normal electrical power, whichever occurs first. Flight test must
demonstrate this capability at the most critical condition.
    a. Bombardier must show that the APU will provide adequate
electrical power for continued safe flight and landing.
    b. The operating limitations section of the airplane flight manual
(AFM) must incorporate non-normal procedures that direct the pilot to
take appropriate actions to activate the APU after loss of normal
engine-driven generated electrical power.
    5. As part of showing compliance with these special conditions, the
tests to demonstrate loss of all normal electrical power must also take
into account the following:
    a. The assumption that the failure condition occurs during night
instrument meteorological conditions (IMC) at the most critical phase
of the flight, relative to the worst possible electrical power
distribution and equipment-loads-demand condition.
    b. After the un-restorable loss of normal engine generator power,
the airplane engine restart capability is provided and operations
continued in IMC.
    c. The airplane is demonstrated to be capable of continued safe
flight and landing. The length of time must be computed based on the
maximum diversion time capability for which the airplane is being
certified. Bombardier must account for airspeed reductions resulting
from the associated failure or failures.
    d. The airplane must provide adequate indication of loss of normal
electrical power to direct the pilot to the non-normal procedures, and
the operating limitations section of the AFM must incorporate non-
normal procedures that will direct the pilot to take appropriate
actions.

    Issued in Renton, Washington, on May 15, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-12698 Filed 5-26-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Rules and Regulations]
[Page 8860-8863]
[DOCID:fr27fe09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0159; Directorate Identifier 2008-NM-175-AD;
Amendment 39-15828; AD 2009-05-04]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-215-6B11 (CL-215T
Variant) and CL-215-6B11 (CL-415 Variant) Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier Model CL-215-6B11 (CL-215T variant) and CL-215-6B11
(CL-415 variant) airplanes. This AD requires repetitive inspections for
contamination of grease, bearing wear checks, grease applications of
the rudder lower torque tube upper bearing, and a rudder upper hinge
gap check; and related investigative and corrective actions if
necessary. This AD results from a report of corrosion on the rudder
lower torque tube upper bearing. We are issuing this AD to detect and
correct corroded bearings which could lead to hinge deformation, and
could result in a rudder jam and consequent reduced controllability of
the airplane.

DATES: This AD becomes effective March 16, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 16,
2009.
    We must receive comments on this AD by March 30, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.

     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Bombardier,
Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9,
Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness
authority for Canada, notified us that an unsafe condition may exist on
Bombardier Model CL-215-6B11 (CL-215T variant) and CL-215-6B11 (CL-415
variant) airplanes. TCCA advises that during a routine inspection, an
operator reported corrosion on the rudder lower torque tube upper
bearing, part number DAT48-64A, on two airplanes. These bearings had
been installed in accordance with Bombardier Service Bulletin 215-4328,
Revision 3, dated May 20, 2008, as part of the torque tube replacement.
Corroded lower torque tube upper bearings can lead to hinge
deformation, which could result in a rudder jam and consequent reduced
controllability of the airplane.

Relevant Service Information

    Bombardier has issued Bombardier Service Bulletin 215-3151, dated
May 5, 2008 (for 215T variant airplanes); and Bombardier Service
Bulletin 215-4394, dated May 5, 2008 (for 415 variant airplanes). These
service bulletins describe procedures for repetitive detailed
inspections for signs of contamination, including corrosion/rust
particles in the flange and housing of the rudder lower torque tube
upper bearing. These service bulletins also describe procedures for
bearing wear checks, and grease applications of the rudder lower torque
tube upper bearing, and a rudder upper hinge gap check; and related
investigative and corrective actions if necessary. Related
investigative actions include inspecting old grease for signs of
contamination, measuring the distance from the top of the bearing
housing to the top of the lower bearing flange shoulder at multiple
locations around the bearing, and doing a visual inspection to
determine the cause of the excessive wear. Corrective actions include
replacing the bearing(s) and adjusting the hinge gap. TCCA mandated the
service information and issued Canadian airworthiness directive CF-
2008-29, dated August 20, 2008 (referred to after this as ``the
MCAI''), to ensure the continued airworthiness of these airplanes in
Canada.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    Therefore, we are issuing this AD to detect and correct corroded
bearings which can lead to hinge deformation, and result in a rudder
jam and consequent reduced controllability of the airplane. This AD
requires accomplishing the actions specified in the service information
described previously, except as discussed under ``Differences Between
This AD and the Canadian Airworthiness Directive.''

Differences Between This AD and the Canadian Airworthiness Directive

    Bombardier Service Bulletin 215-3151, dated May 5, 2008 (for 215T
variant airplanes); and Bombardier Service Bulletin 215-4394, dated May
5, 2008 (for 415 variant airplanes) recommend accomplishing the
required actions ``before and after every fire season,'' but we find
this interval to be imprecise and vague. In developing appropriate
compliance times for this AD, we considered not only the manufacturer's
recommendation, but the degree of urgency associated with addressing
the subject unsafe condition, the average utilization of the affected
fleet, and the time necessary to perform the required actions. In light
of all of these factors, we find that a 6-month repetitive interval for
the required actions is an appropriate interval of time for affected
airplanes to continue to operate without compromising safety. This
difference has been coordinated with TCCA.

Interim Action

    We consider this proposed AD interim action. If final action is
later identified, we might consider further rulemaking then.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S.
Register. All airplanes affected by this AD are currently operated by
non-U.S. operators under foreign registry; therefore, they are not
directly affected by this AD action. However, we consider this AD
necessary to ensure that the unsafe condition is addressed if any
affected airplane is imported and placed on the U.S. Register in the
future.
    The following table provides the estimated costs to comply with
this AD for any affected airplane that might be imported and placed on
the U.S. Register in the future.

                                                 Estimated Costs
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                                                 Average
            Action               Work hours    labor rate      Parts cost              Cost per airplane
                                                per hour
----------------------------------------------------------------------------------------------------------------
Inspection....................            4           $80   None............  $320 per inspection cycle.
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FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register.
Therefore, providing notice and opportunity for public comment is
unnecessary before this AD is issued, and this AD may be made effective
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-0159; Directorate Identifier 2008-NM-175-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

2009-05-04 Bombardier Inc. (Formerly Canadair): Amendment 39-15828.
Docket No. FAA-2009-0159; Directorate Identifier 2008-NM-175-AD.

Effective Date

    (a) This AD becomes effective March 16, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplanes, certificated in
any category:
    (1) Bombardier Model CL-215-6B11 (CL-215T variant) airplanes,
serial numbers 1056 through 1125 inclusive, and
    (2) Bombardier Model CL-215-6B11 (CL-415 variant) airplanes,
serial numbers 2001 through 2990 inclusive.

Unsafe Condition

    (d) This AD results from a report of corrosion on the rudder
lower torque tube upper bearing. We are issuing this AD to detect
and correct corroded bearings which could lead to hinge deformation,
and could result in a rudder jam and consequent reduced
controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspections

    (f) Within 6 months after the effective date of this AD, do a
detailed inspection for contamination of grease, a bearing wear
check, and grease application of the rudder lower torque tube upper
bearing, and do a rudder upper hinge gap check, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 215-
3151, dated May 5, 2008 (for 215T variant airplanes); or Bombardier
Service Bulletin 215-4394, dated May 5, 2008 (for 415 variant
airplanes); as applicable. Do all related investigative and
corrective actions before further flight in accordance with the
service bulletin, as applicable. Repeat the detailed inspection
thereafter at intervals not to exceed 6 months.

    Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

Exception to Service Bulletin Specifications

    (g) Although Bombardier Service Bulletin 215-3151, dated May 5,
2008; and Bombardier Service Bulletin 215-4394, dated May 5, 2008;
specify to submit certain information to the manufacturer, this AD
does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, New York Aircraft Certification Office (ACO),
ANE-170, FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Fabio Buttitta, Aerospace Engineer, Airframe
and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office. The AMOC approval
letter must specifically reference this AD.

Related Information

    (i) Canadian airworthiness directive CF-2008-29, dated August
20, 2008, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 215-3151, dated May
5, 2008; or Bombardier Service Bulletin 215-4394, dated May 5, 2008;
as applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; e-mail<EMAIL_ADDRESS>Internet http://
www.bombardier.com.
    (3) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (4) You may also review copies of the service information 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/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 17, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-3864 Filed 2-26-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37932-37936]
[FR Doc No: 2017-17044]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81339; File No. SR-NSCC-2017-011]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Make Certain Adjustments, Clarifications and Corrections
to the Fee Provisions for Insurance and Retirement Processing Services

August 8, 2017.
    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 3, 2017, National Securities Clearing Corporation (``NSCC'')
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 clearing agency. NSCC filed the
proposed rule change pursuant to Section 19(b)(3)(A) \3\ of the Act and
subparagraphs (f)(2) \4\ and (f)(4) \5\ of Rule 19b-4 thereunder so
that the proposal was 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)(2).
    \5\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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

    The proposed rule change would make certain adjustments,
clarifications and corrections to the fee provisions for NSCC's
Insurance and Retirement Processing Services (``I&RS'') set forth in
Addendum A (Fee Structure) (``Addendum A'') of NSCC's Rules &
Procedures (``Rules''), as described below.\6\
---------------------------------------------------------------------------

    \6\ Capitalized terms not defined herein are defined in the
Rules, available at http://www.dtcc.com/~/media/Files/Downloads/
legal/rules/nscc_rules.pdf.

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

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

    In its filing with the Commission, the clearing agency 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 clearing agency 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

1. Purpose
    NSCC is proposing to make adjustments, clarifications and
corrections to the fee provisions for I&RS set forth in Addendum A, as
described below, in order to (i) align the fees charged more closely
with the costs of providing the associated products and services to
Members and Limited Members of NSCC (collectively, ``NSCC Members'');
(ii) allocate those fees equitably among NSCC Members; and (iii) make
the Rules more consistent and clear with respect to these fees.
(i) Proposed Changes to Fees
    NSCC is proposing to make the following changes to fees set forth
in Section IV.K. of Addendum A:
A. Proposed Change to Fees for Multiple Destination Files
    NSCC currently charges NSCC Members an additional monthly fee for
directing NSCC to deliver I&RS files to more than two destinations.\7\
NSCC added the additional monthly fees for multiple destinations in
2016 to align the fees charged with the cost of providing products and
services to NSCC Members with multiple file destinations.\8\ Currently,
the Rules state that NSCC charges an additional $50 per month for
delivering files to three to four destinations and an additional $100
per month for delivering files to five or more destinations.\9\ NSCC
has determined that charging an additional $50 monthly fee for NSCC
Members that send files to five destinations is sufficient to allow
NSCC to recover costs to NSCC of delivering files to such multiple
destinations. Therefore, NSCC is proposing to amend its fee structure
so that NSCC Members that direct NSCC to deliver files to five
destinations would be charged an additional $50 per month rather than
an additional $100 per month. As such, NSCC is proposing to change the
additional fees charged for delivering files to multiple destinations,
as described in Section IV.K. of Addendum A, to charge an additional
$50 per month for delivering files to three to five destinations, and
an additional $100 per month for delivering files to more than five
destinations.
---------------------------------------------------------------------------

    \7\ Note 6 to Section IV.K. of Addendum A, supra note 6.
    \8\ Securities Exchange Act Release No. 76787 (December 29,
2015), 81 FR 283 (January 5, 2016) (File No. SR-NSCC-2015-009).
    \9\ Note 6 to Section IV.K. of Addendum A, supra note 6.
---------------------------------------------------------------------------

B. Proposed Change to Fees for Positions for Retirement Plans Files
    NSCC is proposing to add a fee for the Positions for Retirement
Plans file type into the billing tier for the Positions and Valuations
service (``Positions'') in Section IV.K. of Addendum A.\10\ Pursuant to
Section 5 of Rule 57, NSCC Members can send four file types using
Positions--Positions Full, Positions New, Positions for Retirement
Plans, and Positions Focused.\11\ In 2009, NSCC created two billing
tiers for Positions, with one fee for Positions Full and Positions New,
and a reduced fee charged for Positions Focused.\12\ The fees charged
for processing Positions Focused file types are lower because these
files include less data than other Positions file types.\13\ In 2015,
NSCC introduced a new file type for Positions--Positions for Retirement
Plans. This file type is a full data file type, similar to the
Positions Full and Positions New file types.
---------------------------------------------------------------------------

    \10\ Section IV.K. of Addendum A, supra note 6.
    \11\ Rule 57, supra note 6.
    \12\ Securities Exchange Act Release No. 59285 (January 23,
2009), 74 FR 5875 (February 2, 2009) (File No. SR-NSCC-2008-13)
(``2009 Fee Filing'').
    \13\ Subsection 2.a.(ii), Section IV.K. of Addendum A, supra
note 6.
---------------------------------------------------------------------------

    Therefore, NSCC is now proposing to amend Addendum A to add a fee
for the Positions for Retirement Plans file type that is identical to
the fee for the Positions Full and Positions New file types. NSCC
believes this proposed change would align the fees for processing the
Positions for Retirement Plans file type with the costs of delivering
this service because the costs of processing the Positions for
Retirement Plans file type are similar to the cost of processing the
Positions Full and Positions New file types.
C. Proposed Change to Fees for Positions Focused
    As stated above, NSCC amended Addendum A in the 2009 Fee Filing to
change the fees to be charged for processing the Positions Full,
Positions New, and Positions Focused file types.\14\ The 2009 Fee
Filing incorrectly amended Addendum A to state that NSCC would charge
$1.50 per 1,000 items for processing Positions Focused files from
2,000,001 to 4,000,000 items per month.\15\ NSCC management had
previously determined that, in order to align the fee charged with the
cost of providing this service, the fee for processing Positions
Focused files from 2,000,001 to 4,000,000 items per month should be
$1.00 per 1,000 items.\16\ Therefore, NSCC is proposing to correct this
error and amend Addendum A to provide that NSCC would charge $1.00 per
1,000 items for processing Positions Focused files from 2,000,001 to
4,000,000 items per month.
---------------------------------------------------------------------------

    \14\ 2009 Fee Filing, supra note 12.
    \15\ Subsection 2.a.(ii), Section IV.K. of Addendum A, supra
note 6. NSCC's Important Notice announcing the 2009 fee changes
identified the intended price for this tier at $1.00 per 1,000
items. See NSCC Important Notice, ``2009 Fee Revisions,'' A# 6766,
P&S# 6336, dated December 31, 2008, available at http://
www.dtcc.com/~/media/Files/pdf/2008/12/31/a6766.pdf.
    \16\ A fee of $1.00 per 1,000 items for processing Positions
Focused files from 2,000,001 to 4,000,000 items per month was
approved by the NSCC Core Services Operations and Planning Committee
on November 13, 2008.
---------------------------------------------------------------------------

D. Proposed Change to Fees for APP Non-Settlement Tiers
    NSCC is proposing to modify the fee structure for the Initial
Application Information feature of I&RS (``APP'') in order to align the
fees charged to settling NSCC Members with the fees charged to non-
settling NSCC Members. In 2003, NSCC established two categories for the
fee structure for APP--a category for settling NSCC Members and a
separate category for non-settling NSCC Members.\17\ When the fee
structure was implemented in 2003, the fees charged to settling NSCC
Members were higher than the fees charged to non-settling NSCC Members
and the category for settling NSCC Members contained three tiers while
the category for non-settling NSCC Members contained two tiers.\18\ In
the 2009 Fee Filing, NSCC reduced the fees applicable to settling NSCC
Members for APP resulting in the fees in the first two tiers being
identical to the fees in the tiers for the non-settling

NSCC Members.\19\ In addition, in the 2009 Fee Filing, NSCC reduced the
fees in the third tier for settling NSCC Members. The result of these
changes is that currently, settling NSCC Members that process more than
3,499 items a month receive a discount per item while non-settling NSCC
Members do not.\20\
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release No. 48284 (August 5,
2003), 68 FR 48430 (August 13, 2003) (File No. SR-NSCC-2003-13).
    \18\ See id. The fees for settling NSCC Members contained three
tiers: (1) 0-1,999 items per month, (2) 2,000-3,499 items per month
and (3) more than 3,499 per month. The fees for non-settling NSCC
Members contained only two tiers: (1) 0-1,999 items per month, and
(2) more than 1,999 items per month.
    \19\ 2009 Fee Filing, supra note 12.
    \20\ Subsection 2.d. Section IV.K. of Addendum A, supra note 6
(provides that settling NSCC Members that process more than 3,499
items per month in APP are charged $0.50 per item compared to $1.00
per item for processing 2,000 to 3,499 items per month).
---------------------------------------------------------------------------

    NSCC believes the discount tier for processing more than 3,499
items a month was not added in the category for non-settling NSCC
Members because these firms are unlikely to process transactions with
more than 1,999 items per month and a tier for processing more items
per month above 1,999 was unnecessary. Although NSCC believes it is
unlikely that non-settling NSCC Members will process more than 1,999
items per month, NSCC is proposing to remove the separate fee
categories for settling and non-settling NSCC Members in order to
provide that the same fees apply to both settling NSCC Members and non-
settling NSCC Members. The cost to NSCC for processing APP files for
settling NSCC Members and non-settling NSCC Members is the same.
Therefore, NSCC proposes to amend subsection 2.d. of Section IV.K of
Addendum A to provide non-settling NSCC Members with the same discount
that settling NSCC Members receive if they process more than 3,499
items per month.
(ii) Proposed Changes to the Organization of Addendum A
    NSCC is also proposing to make the following changes to the
organization of Section IV.K. of Addendum A, as described below:
A. Proposed Change to Location of Fees for Producer Management Portal
    NSCC is proposing to revise Addendum A, Section IV.K., by deleting
subsection 4. and moving the fees under the heading ``Batch Service
Fees'' in that subsection to subsection 2.h.\21\ These fees would be
renamed ``Distributor Batch Service Fees.'' These fees are charged in
connection with use of the Producer Management Portal and are only
charged to NSCC Members that are distributors, which include broker-
dealers, banks and insurance agencies that act as intermediaries for
insurance companies. The proposed change would include these fees with
the other fees charged for use of the Producer Management Portal, so
such fees are identified in one section, and would further clarify that
these fees are only charged to distributors. This proposed change would
clarify this section of Addendum A, and would not change the fees
charged for any services or products.
---------------------------------------------------------------------------

    \21\ Subsections 2. and 4., Section IV.K. of Addendum A, supra
note 6.
---------------------------------------------------------------------------

B. Proposed Change to Location of Fees Listed Under TIER 6
    NSCC is proposing to revise Addendum A, Section IV.K., subsection
3., by deleting TIER 6, and moving each of the fees listed under this
TIER into TIERS 3 and 5 based on the fees being charged.\22\ As a
result of the proposed change, each product would be listed together
with other products for which the same fee is being charged under one
TIER.\23\ The proposed rule change would move fees for ``Values
Inquiry'' and ``Policy Administration Inquiry'' to TIER 3 and move fees
for ``Policy Administration Request,'' ``Death Notification Request,''
``Fund Transfer,'' ``Withdrawals,'' and ``Arrangements'' to TIER 5.
Each of the fees moved from TIER 6 would be identified as being subject
to the ``In Force Transaction Chart,'' which is currently set forth at
the end of subsection 3., and would continue to apply to these fees.
This proposed change would clarify this subsection of Addendum A, and
would not change the fees charged for any services or products.
---------------------------------------------------------------------------

    \22\ Subsection 3., Section IV.K. of Addendum A of the Rules,
supra note 6.
    \23\ TIER 6, subsection 3., Section IV.K. of Addendum A of the
Rules, supra note 6.
---------------------------------------------------------------------------

2. Statutory Basis
    Section 17A(b)(3)(D) of the Act requires, in part, that the Rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its participants.\24\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

    The proposed changes to Addendum A set forth in item II(A)(1)(i)(A)
above are consistent with 17A(b)(3)(D) of the Act \25\ because the
proposed fees would be equitably allocated among NSCC Members based on
each NSCC Member's utilization of directing NSCC to send files to
multiple destinations. In addition, NSCC believes that the proposed fee
changes are reasonable because the proposed $50 additional fee is less
than the $100 additional fee currently charged for delivering to five
destinations, while continuing to allow NSCC to recover the costs
associated with delivering to five destinations. Therefore, NSCC
believes the proposed fee modifications set forth in item
II(A)(1)(i)(A) above are consistent with the requirements of Section
17A(b)(3)(D) of the Act.\26\
---------------------------------------------------------------------------

    \25\ Id.
    \26\ Id.
---------------------------------------------------------------------------

    The proposed changes to Addendum A set forth in items
II(A)(1)(i)(B) and (D) above are consistent with 17A(b)(3)(D) of the
Act \27\ because the proposed fees would be allocated equitably among
the NSCC Members that subscribe for those services based on each NSCC
Member's use of such services. In addition, NSCC believes that the
proposed fees are reasonable because they would enable NSCC to better
align its revenue with the costs and expenses required for NSCC to
provide the services to NSCC Members. Specifically, with respect to
II(A)(1)(i)(B), the costs of processing the Positions for Retirement
Plans file type are similar to the cost of processing other full data
file types and NSCC has determined that charging the same fee as is
charged for other full data file types would enable it to recover its
costs for processing the Positions for Retirement Plans file type. With
respect to II(A)(1)(i)(D), the cost to NSCC of processing over 3,499
items per month in APP is the same for settling NSCC Members and non-
settling NSCC Members and therefore the fees for settling NSCC Members
and non-settling NSCC Members for APP should be the same. Therefore, by
establishing fees that align with the cost of delivery of these
products and services and allocating those fees equitably among the
subscribing NSCC Members, the proposed changes to Addendum A set forth
in items II(A)(1)(i)(B) and (D) are consistent with the requirements of
Section 17A(b)(3)(D) of the Act.\28\
---------------------------------------------------------------------------

    \27\ Id.
    \28\ Id.
---------------------------------------------------------------------------

    NSCC believes the proposed fees set forth in item II(A)(1)(i)(C)
above are also consistent with the requirements of 17A(b)(3)(D) of the
Act.\29\ Specifically, the proposed fees would be equitably allocated
among NSCC Members that choose to process the file type for Positions
Focused. NSCC also believes the proposed fees set forth in item
II(A)(1)(i)(C) above are reasonable because the proposed fee for
processing Position Focused files from 2,000,001 to 4,000,000 items per
month is less than the fee currently charged, while continuing to allow
NSCC to recover the costs associated with processing such items. In
addition, the proposed fee changes were previously approved by NSCC
management,\30\ and NSCC Members were previously notified of the

fee changes,\31\ at the time the fee changes were originally
contemplated for 2009. Therefore, NSCC believes the proposed fee
modifications are consistent with the requirements of Section
17A(b)(3)(D) of the Act.\32\
---------------------------------------------------------------------------

    \29\ Id.
    \30\ See supra, note 16.
    \31\ See supra, note 15.
    \32\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

    Section 17A(b)(3)(F) of the Act requires, in part, that the Rules
promote the prompt and accurate clearance and settlement of securities
transactions.\33\ The proposed changes to Addendum A set forth in item
II(A)(1)(ii) above would enhance NSCC Members' ability to understand
the fees associated with the I&RS services. Specifically, the proposed
rule change relating to Addendum A described above in item II(A)(1)(ii)
would clarify the meaning of certain provisions of Addendum A relating
to the fees and enhance clarity and consistency in the Rules in this
regard. As such, the proposed rule change would allow NSCC Members to
have a better understanding of the Rules in relation to their I&RS
activity, and thereby assist in promoting the prompt and accurate
clearance and settlement of securities transactions, consistent with
the requirements of Section 17A(b)(3)(F) of the Act.\34\
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78q-1(b)(3)(F).
    \34\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(23)(i) under the Act requires, in part, that NSCC
establish, implement, maintain and enforce written policies and
procedures reasonably designed to provide for publicly disclosing all
relevant rules and material procedures.\35\ Rule 17Ad-22(e)(23)(ii)
under the Act requires, in part, that NSCC establish, implement,
maintain and enforce written policies and procedures reasonably
designed to provide for providing sufficient information to enable
participants to identify and evaluate the risks, fees, and other
material costs they incur by participating in NSCC.\36\ The proposed
rule change set forth in item II(A)(1)(ii) above would enhance clarity
and consistency with respect to the fees described herein. In this way,
the proposed rule change would provide for the public disclosure of
these fees through the proposed changes to Addendum A. The proposed
rule change would allow NSCC to further provide its participants with
sufficient information to enable those participants to identify and
evaluate the fees incurred through their participation in NSCC. As
such, NSCC believes the proposed rule change is consistent with both
Rule 17Ad-22(e)(23)(i) and (ii) under the Act.\37\
---------------------------------------------------------------------------

    \35\ 17 CFR 240.17Ad-22(e)(23)(i).
    \36\ 17 CFR 240.17Ad-22(e)(23)(ii).
    \37\ 17 CFR 240.17Ad-22(e)(23)(i), (ii).
---------------------------------------------------------------------------

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

    NSCC does not believe that the proposed changes to Addendum A set
forth in items II(A)(1)(i)(A), (C) and (D) above would have an adverse
impact, or impose any burden, on competition because, in each case, the
proposed fee changes would be a reduction in fees as currently set
forth in the Rules that would not disproportionally impact any NSCC
Members. As a reduction to the fees currently in the Addendum A for
these services, the proposed changes would not impede any NSCC Members
from engaging in the services or have an adverse impact on any NSCC
Members.
    Moreover, the proposed rule changes may promote competition
because, in each case, the proposed fee modifications would allow NSCC
Members to engage in a greater number of transactions with lower fee
costs than they would incur today for the same number of transactions.
For instance, the proposed changes in item II(A)(1)(i)(A) above would
allow NSCC Members that are currently sending to three or four
destinations to begin to send to five destinations without incurring a
higher fee than if files were sent to only three or four destinations
because, as a result of the proposed rule change, the additional fee
incurred by NSCC Members to send to five destinations would be the same
as the additional fee to send to three or four destinations. Similarly,
the proposed changes in item II(A)(1)(i)(C) above could result in NSCC
Members that are currently sending 500,001 to 2,000,000 items per month
to begin to send 2,000,001 to 4,000,000 items per month in order to
take advantage of the proposed stated fee of $1.00 per 1,000 items
rather than $1.50 per 1,000 items which is the current fee. In
addition, the proposed change in item II(A)(1)(i)(D) above could result
in non-settling NSCC Members that are currently sending less than 3,499
items per month to be more likely to send more than 3,499 items per
month in order to take advantage of the proposed stated fee of $0.50
per item rather than $1.00 per item which is the current fee for non-
settling NSCC Members. NSCC Members sending data to more destinations
and sending additional data items relating to Positions and APP
products and services would enhance participation in the marketplace by
providing NSCC Members and their counterparties with more data.
Finally, as discussed above, NSCC believes that the proposed fee
changes are appropriate in light of the expenses incurred by NSCC in
providing its services.
    NSCC believes that the proposed changes to Addendum A set forth in
item II(A)(1)(i)(B), could have an impact on competition because NSCC
Members would need to pay the fees for a full file type in order to
deliver Positions for Retirement Plan file types similar to Positions
Full and Position New file types rather than paying the reduced fee
that NSCC Members pay to deliver the Positions Focused file type. The
higher fee may make it less likely for some NSCC Members to deliver the
Position for Retirement Plan file type rather than the Position Focused
file type. NSCC believes, however, that any burden on competition that
would be created by the proposed rule change would be necessary and
appropriate in furtherance of the Act. Specifically, the proposed rule
change is necessary to align the fees charged for sending the Positions
for Retirement Plans file type feature with the costs and expenses
required for NSCC to process that file type. As stated above, NSCC
believes the costs of processing the Positions for Retirement Plans
file type for NSCC are similar to the cost of processing the Positions
Full and the Positions New file types. As such, NSCC believes that the
fee for processing the Positions Full and the Positions for Retirement
Plans file type should be the same as the fee for processing the
Positions Full and Positions New file types and is appropriate given
the costs to NSCC of delivering the full data file types.
    NSCC does not believe that the proposed changes to Addendum A set
forth in item II(A)(1)(ii) above would have any impact on competition
because such changes are clarifications of the Rules which would not
affect the rights or obligations of NSCC Members. Moreover, the
proposed changes set forth in item II(A)(1)(ii) are revenue neutral and
would not affect one set of NSCC Members in favor of another.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. NSCC will notify the Commission of any
written comments received by NSCC.

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) \38\ of the Act and subparagraphs (f)(2) \39\ and (f)(4)
\40\ 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.
---------------------------------------------------------------------------

    \38\ 15 U.S.C 78s(b)(3)(A).
    \39\ 17 CFR 240.19b-4(f)(2).
    \40\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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-NSCC-2017-011 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-NSCC-2017-011. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of NSCC and on
DTCC's Web site (http://dtcc.com/legal/sec-rule-filings.aspx). 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-NSCC-2017-011 and should be
submitted on or before September 5, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\41\
---------------------------------------------------------------------------

    \41\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17044 Filed 8-11-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 26, 2009 (Volume 74, Number 164)]
[Notices]
[Page 43147-43148]
[DOCID:fr26au09-68]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0394]

Request for Nominations for Voting Members on a Public Advisory
Committee; Tobacco Products Scientific Advisory Committee

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is requesting
nominations for members to serve on the Tobacco Products Scientific
Advisory Committee (the committee) in the Office of Science, Center for
Tobacco Products. Elsewhere in this issue of the Federal Register, FDA
is publishing a document announcing the establishment of this
committee.
    FDA has a special interest in ensuring that women, minority groups,
and individuals with disabilities are adequately represented on
advisory committees and, therefore, encourages nominations of qualified
candidates from these groups.

DATES:  Nominations received on or before October 13, 2009, will be
given first consideration for membership on the Tobacco Products
Scientific Advisory Committee. Nominations received after October 13,
2009, will be considered for nomination to the Tobacco Products
Scientific Advisory Committee should nominees still be needed.

ADDRESSES: All letters of interest and nominations should be submitted
in writing to Erik P. Mettler (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Erik P. Mettler, Office of Policy,
Office of the Commissioner, Food and Drug Administration, 10903 New
Hampshire Ave., WO1, rm. 4324, Silver Spring, MD 20993,<PHONE_NUMBER>,
FAX:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA is requesting nominations for voting
members on the Tobacco Products Scientific Advisory Committee.
Elsewhere in this issue of the Federal Register, FDA is publishing a
Request for Notification from Industry Organizations interested in
participating in the selection process for nonvoting industry
representatives on the Tobacco Products Scientific Advisory Committee.

I. Function of the Tobacco Products Scientific Advisory Committee

    The Tobacco Products Scientific Advisory Committee advises the
Commissioner of Food and Drugs (the Commissioner) or designee in
discharging responsibilities as they relate to the regulation of
tobacco products. The committee reviews and evaluates safety,
dependence, and health issues relating to tobacco products and provides
appropriate advice, information, and recommendations to the
Commissioner.

II. Criteria for Voting Members

    The committee shall consist of 12 members including the Chair.
Members and the Chair are selected by the Commissioner or designee from
among individuals knowledgeable in the fields of medicine, medical
ethics, science, or technology involving the manufacture, evaluation,
or use of tobacco products. Almost all non-Federal members of this
committee serve as Special Government Employees. The committee shall
include nine technically qualified voting members, selected by the
Commissioner or designee. The nine voting members shall be physicians,
dentists, scientists, or health care professionals practicing in the
area of oncology, pulmonology, cardiology, toxicology, pharmacology,
addiction, or any other relevant specialty. One member shall be an
officer or employee of a State or local government or of the Federal
Government. The final voting member shall be a representative of the
general public.
    In addition to the voting members, the committee shall include
three nonvoting members who are identified with industry interests.
These members shall include one representative of the tobacco
manufacturing industry, one representative of the interests of tobacco
growers, and one representative of the interests of the small business
tobacco manufacturing industry. This final position can be filled on a
rotating, sequential basis by representatives of

different small business tobacco manufacturers based on areas of
expertise relevant to the topics being considered by the committee.
Elsewhere in this issue of the Federal Register, FDA is publishing a
Request for Notification from Industry Organizations interested in
participating in the selection process for nonvoting industry
representatives on the Tobacco Products Scientific Advisory Committee.
    The Commissioner or designee shall designate one of the voting
members of the committee to serve as chairperson.

III. Nomination Procedures

    Any interested person may nominate one or more qualified persons
for membership on the advisory committee. Self-nominations are also
accepted. Nominations must include a current resume or curriculum vitae
of each nominee, including current business address and/or home
address, telephone number, and e-mail address if available. Nominations
must also acknowledge that the nominee is aware of the nomination
unless self-nominated. FDA will ask the potential candidates to provide
detailed information concerning matters related to financial holdings,
employment, and research grants and/or contracts.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: August 19, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-20487 Filed 8-25-09; 8:45 am]

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[Federal Register: February 29, 2008 (Volume 73, Number 41)]
[Notices]
[Page 11095]
[DOCID:fr29fe08-48]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0131]

Frozen Concentrate for Lemonade Deviating From Identity Standard;
Temporary Permit for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
temporary permit has been issued to Florida's Natural Growers, to
market test a product designated as ``Frozen Concentrate for Lemonade
3+1 Ratio'' that deviates from the U.S. standard of identity for frozen
concentrate for lemonade. The purpose of the temporary permit is to
allow the applicant to measure customer acceptance of the product,
identify mass production problems, and assess commercial feasibility.

DATES: This permit is effective for 15 months, beginning on the date
the permit holder introduces or causes the introduction of the test
product into interstate commerce, but not later than May 29, 2008.

FOR FURTHER INFORMATION CONTACT:  Loretta A. Carey, Center for Food
Safety and Applied Nutrition (HFS-820), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 130.17 concerning
temporary permits to facilitate market testing of foods deviating from
the requirements of the standards of identity issued under section 401
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341), FDA is
giving notice that a temporary permit has been issued to Florida's
Natural Growers, a division of Citrus World, Inc., 20205 U.S. Highway
27N, Lake Wales, Florida 33853.
    This permit covers limited interstate marketing tests of products
identified as ``Frozen Concentrate for Lemonade 3+1 Ratio'' that
deviate from the U.S. standard of identity for frozen concentrate for
lemonade (21 CFR 146.120) in that the frozen concentrate for lemonade
is a 3 + 1 fold dilution with a 56[deg] Brix (measure of concentration
of sugars in juice) rather than the 48[deg] Brix as required in the
standard. When diluted according to directions that appear on the
label, the test product contains not less than 0.70 grams of acid per
100 milliliters and not less than 10.5 percent by weight of soluble
solids. The test product meets all the requirements of the standard
with the exception of the 3 + 1 fold dilution. The purpose of this
temporary permit is to test the product throughout the United States,
in order to allow the applicant to measure customer acceptance of the
product, identify mass production problems, and assess commercial
feasibility.
    This permit provides for the temporary marketing of a total of
20,000 cases per year of 12 x 32 ounce cartons (240,000 cartons). The
total fluid quantity covered by this application is 227,100 liters
(60,000 gallons). The test product will be manufactured at Florida's
Natural Growers, a division of Citrus World, Inc., located at 20205
U.S. Highway 27N, Lake Wales, Florida 33853. Florida's Natural Growers
will distribute the test product throughout the United States. The
information panel of the labels must bear nutrition labeling in
accordance with 21 CFR 101.9. Each of the ingredients used in food must
be declared on the label as required by the applicable sections of 21
CFR part 101. This permit is effective for 15 months, beginning on the
date the permit holder introduces or causes the introduction of the
product into interstate commerce, but not later than (see DATES).

    Dated: February 25, 2008.
Barbara Schneeman,
Director, Office of Nutritional Products, Labeling and Dietary
Supplements, Center for Food Safety and Applied Nutrition.
[FR Doc. E8-3912 Filed 2-28-08; 8:45 am]

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[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Notices]
[Page 10909]
[FR Doc No: 2017-03144]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0001]

Pediatric Advisory Committee; Amendment of Notice

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
amendment to the notice of meeting of the Pediatric Advisory Committee.
This meeting was announced in the Federal Register of January 5, 2017.
The amendment is being made to reflect a change in the Center for Drug
Evaluation and Research (CDER) products portion of the document. There
are no other changes.

FOR FURTHER INFORMATION CONTACT: Marieann Brill, Office of the
Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, Rm. 5154, Silver Spring, MD 20993,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). Please call
the Information Line for up-to-date information on this meeting.

SUPPLEMENTARY INFORMATION: In the Federal Register of January 5, 2017
(82 FR 1345), FDA announced that a meeting of the Pediatric Advisory
Committee (PAC) would be held on March 6 and 7, 2017. On page 1346, in
the third column, the CDER products portion of the document is changed
to read as follows:
    On March 6, 2017, the PAC will meet to discuss the following
products (listed by FDA Center):

(1) Center for Drug Evaluation and Research (CDER)
    a. NITROPRESS (sodium nitroprusside)
    b. KUVAN (sapropterin dihydrochloride)

    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to the advisory committees.

    Dated: February 13, 2017.
Janice M. Soreth,
Associate Commissioner for Special Medical Programs.
[FR Doc. 2017-03144 Filed 2-15-17; 8:45 am]
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