[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Pages 26511-26514]
[FR Doc No: 2018-12194]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83360; File No. SR-NYSE-2018-24]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the NYSE Proprietary Market Data Fee Schedule Regarding the NYSE
Best Quote and Trades Market Data Feed

June 1, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on May 21, 2018, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Proprietary Market Data Fee
Schedule (``Fee Schedule'') regarding the NYSE Best Quote and Trades
(``BQT'') market data feed. The Exchange proposes to make the fee
change effective May 21, 2018. The proposed rule change is available on
the Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule regarding the NYSE
BQT market data feed. The NYSE BQT data feed provides best bid and
offer and last sale information for the Exchange and its affiliates,
NYSE Arca, Inc. (``NYSE Arca'') and NYSE American LLC (``NYSE
American'').\4\ In connection with the re-launch of operations of
another affiliate of the Exchange, NYSE National, Inc. (``NYSE
National''), the Exchange recently filed a proposed rule change to
amend the content of the NYSE BQT market data feed \5\ to include NYSE
National BBO and NYSE National Trades market data feeds.\6\
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    \4\ See Securities Exchange Act Release No. 34-73553 (Nov. 6,
2014), 79 FR 67491 (Nov. 13, 2014) (SR-NYSE-2014-40) (``NYSE BQT
Approval Order'').
    \5\ See SR-NYSE-2018-22.
    \6\ See SR-NYSENat-2018-09.
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    The Exchange currently charges an access fee of $250 per month for
the NYSE BQT data feed. The Exchange is not proposing any change to the
access fee. The purpose of this filing is to amend footnote 5 to the
Fee Schedule to provide that to subscribe to NYSE BQT, subscribers must
also subscribe to, and pay applicable fees for, NYSE National BBO and
NYSE Trades in addition to subscribing to, and paying for, NYSE BBO,
NYSE Trades, NYSE Arca BBO, NYSE Arca Trades, NYSE American BBO and
NYSE American Trades.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and
Sections 6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it
provides an equitable allocation of reasonable fees among its members,
issuers, and other persons using its facilities and is not designed to
permit unfair discrimination among customers, issuers, brokers, or
dealers. The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act \9\ in that it is consistent
with (i) fair competition among brokers and dealers, among exchange
markets, and between exchange markets and markets other than exchange
markets; and (ii) the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities. Furthermore, the proposed rule change is consistent with
Rule 603 of Regulation NMS,\10\ which provides that any national
securities exchange that distributes information with respect to
quotations for or transactions in an NMS stock do so on terms that are
not unreasonably discriminatory.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4), (5).
    \9\ 15 U.S.C. 78k-1.
    \10\ See 17 CFR 242.603.
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    The Exchange further believes that requiring market data recipients
to separately subscribe to and pay for the eight underlying data feeds
to NYSE BQT is reasonable because by design, NYSE BQT represents an
aggregated and consolidated version of those existing eight data feeds.
The Exchange notes that it is not seeking with this filing to establish
fees relating to the underlying BBO and Trades data feeds, as those
fees have already been established consistent with Section 19(b)(3)(A)
of the Act \11\ and Rule 19b-4(f)(2) \12\ thereunder, and which may be
amended from time to time. However, the Exchange believes it would be
unfair if it did not require NYSE BQT data feed recipients to
separately subscribe to and pay for those underlying feeds because
otherwise, NYSE BQT data feed recipients would be receiving a data
product that includes such underlying data at a lower cost than
separately subscribing to the underlying data feeds. The Exchange
therefore believes that the fee structure for NYSE BQT would not be
lower than the cost to another party to create a comparable product,
including the cost of receiving the underlying data feeds.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
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    The Exchange further believes that the proposed NYSE BQT fee
structure is equitable and not unfairly discriminatory because all
vendors and subscribers that elect to purchase NYSE BQT would be
subject to the same fees. In addition, vendors and subscribers that do
not wish to purchase NYSE BQT may separately purchase the individual
underlying data feed, and if they so choose, perform a similar
aggregation and consolidation function that the Exchange performs in
creating NYSE BQT. To enable such competition, the Exchange would
continue to offer NYSE BQT on terms that a subscriber of the underlying
feeds could offer a competing product if it so chooses.
    The Exchange also notes that the use of NYSE BQT is entirely
optional. Firms have a wide variety of alternative market data products
from which to choose, including the Exchanges' own underlying data
products, and proprietary data products offered by the Exchange's
competitors, and consolidated data. Moreover, the Exchange is not
required to make any proprietary data products available or to offer
any specific pricing alternatives to any customers.
    As explained below in the Exchange's Statement on Burden on
Competition, the existence of alternatives to these data products
further ensures that the Exchange cannot set unreasonable fees, or fees
that are unreasonably discriminatory, when vendors and subscribers can
elect such alternatives. That is, the Exchange competes with other
exchanges (and their affiliates) that provide similar ``best quote and
trade'' market data products. If another exchange (or its affiliate)
were to charge less to consolidate and distribute its similar product
than the Exchange charges to consolidate and distribute NYSE BQT,
prospective users likely would not subscribe to, or would cease
subscribing to, NYSE BQT. In addition, the Exchange would compete with
unaffiliated market data vendors who would be in a position to
consolidate and distribute the same data that comprises the NYSE BQT
feed into the vendor's own comparable market data product. If the
third-party vendor is able to provide the exact same data for a lower
cost, prospective users would avail themselves of that lower cost and
elect not to take NYSE BQT.

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

    In accordance with Section 6(b)(8) of the Act,\13\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. As noted above, the NYSE BQT data feed
represents aggregated and consolidated information of eight existing
market data feeds. Although the Exchange, NYSE Arca, NYSE American and
NYSE National are the exclusive distributors of the underlying BBO and
Trades feeds from which certain data elements are taken to create NYSE
BQT, the Exchange may not be the exclusive distributor of the
aggregated and consolidated information that comprises the NYSE BQT
data feed. Any other market data recipient of the underlying data feeds
would be able, if they chose, to create a data feed with the same
information as NYSE BQT and distribute it to their clients on a level
playing field with respect to latency and cost as compared to the
Exchange's product.
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    \13\ 78 U.S.C. 78f(b)(8).
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    The market for proprietary data products is competitive and
inherently

contestable because there is fierce competition for the inputs
necessary for the creation of proprietary data and strict pricing
discipline for the proprietary products themselves. Numerous exchanges
compete with one another for listings and order flow and sales of
market data itself, providing ample opportunities for entrepreneurs who
wish to compete in any or all of those areas, including producing and
distributing their own market data. Proprietary data products are
produced and distributed by each individual exchange, as well as other
entities, in a vigorously competitive market. Indeed, the U.S.
Department of Justice (``DOJ'') (the primary antitrust regulator) has
expressly acknowledged the aggressive actual competition among
exchanges, including for the sale of proprietary market data. In 2011,
the DOJ stated that exchanges ``compete head to head to offer real-time
equity data products. These data products include the best bid and
offer of every exchange and information on each equity trade, including
the last sale.'' \14\
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    \14\ ``Press Release, U.S. Department of Justice, Assistant
Attorney General Christine Varney Holds Conference Call Regarding
NASDAQ OMX Group Inc. and IntercontinentalExchange Inc. Abandoning
Their Bid for NYSE Euronext (May 16, 2011), available at http://www.justice.gov/iso/opa/atr/speeches/2011/at-speech-110516.html; see
also Complaint in U.S. v. Deutsche Borse AG and NYSE Euronext, Case
No. 11-cv-2280 (D.C. Dist.) ] 24 (``NYSE and Direct Edge compete
head-to-head . . . in the provision of real-time proprietary equity
data products.'').
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    Moreover, competitive markets for listings, order flow, executions,
and transaction reports impose pricing discipline for the inputs of
proprietary data products and therefore constrain markets from
overpricing proprietary market data. Broker-dealers send their order
flow and transaction reports to multiple venues, rather than providing
them all to a single venue, which in turn reinforces this competitive
constraint. As a 2010 Commission Concept Release noted, the ``current
market structure can be described as dispersed and complex'' with
``trading volume . . . dispersed among many highly automated trading
centers that compete for order flow in the same stocks'' and ``trading
centers offer[ing] a wide range of services that are designed to
attract different types of market participants with varying trading
needs.'' \15\ More recently, former SEC Chair Mary Jo White reported
that competition for order flow in exchange-listed equities is
``intense'' and divided among many trading venues, including exchanges,
more than 40 alternative trading systems, and more than 250 broker-
dealers.\16\ And as the Commission's own Chief Administrative Law Judge
found after considering extensive fact and expert testimony and
documentary evidence on the subject, ``there is fierce competition for
trading services (or `order flow')'' among exchanges, and ``the record
evidence shows that competition plays a significant role in restraining
exchange pricing of depth-of-book products.'' In the Matter of the
Application of Securities Industry And Financial Markets Association
For Review of Actions Taken By Self-Regulatory Organizations, Initial
Decision Release No. 1015, Administrative Proceeding File No. 3-15350
(June 1, 2016), at pp. 8 and 33.
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    \15\ Concept Release on Equity Market Structure, Securities
Exchange Act Release No. 61358 (Jan. 14, 2010), 75 FR 3594 (Jan. 21,
2010) (File No. S7-02-10). This Concept Release included data from
the third quarter of 2009 showing that no market center traded more
than 20% of the volume of listed stocks, further evidencing the
dispersal of and competition for trading activity. Id. at 3598. Data
available on ArcaVision show that from June 30, 2013 to June 30,
2014, no exchange traded more than 12% of the volume of listed
stocks by either trade or dollar volume, further evidencing the
continued dispersal of and fierce competition for trading activity.
See https://www.arcavision.com/Arcavision/arcalogin.jsp.
    \16\ Mary Jo White, Enhancing Our Equity Market Structure,
Sandler O'Neill & Partners, L.P. Global Exchange and Brokerage
Conference (June 5, 2014) (available on the Commission website),
citing Tuttle, Laura, 2014, ``OTC Trading: Description of Non-ATS
OTC Trading in National Market System Stocks,'' at 7-8.
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    If an exchange succeeds in competing for quotations, order flow,
and trade executions, then it earns trading revenues and increases the
value of its proprietary market data products because they will contain
greater quote and trade information. Conversely, if an exchange is less
successful in attracting quotes, order flow, and trade executions, then
its market data products may be less desirable to customers in light of
the diminished content and data products offered by competing venues
may become more attractive. Thus, competition for quotations, order
flow, and trade executions puts significant pressure on an exchange to
maintain both execution and data fees at reasonable levels.
    In addition, in the case of products that are also redistributed
through market data vendors, such as Bloomberg and Thompson Reuters,
the vendors themselves provide additional price discipline for
proprietary data products because they control the primary means of
access to certain end users. These vendors impose price discipline
based upon their business models. For example, vendors that assess a
surcharge on data they sell are able to refuse to offer proprietary
products that their end users do not or will not purchase in sufficient
numbers. Vendors will not elect to make NYSE BQT available unless their
customers request it, and customers will not elect to pay for NYSE BQT
unless the product can provide value by sufficiently increasing
revenues or reducing costs in the customer's business in a manner that
will offset the fees. All of these factors operate as constraints on
pricing proprietary data products.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \17\ of the Act and subparagraph (f)(2) of Rule
19b-4 \18\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \19\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \19\ 15 U.S.C. 78s(b)(2)(B).
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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 protected]. Please include
File Number SR-NYSE-2018-24 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-NYSE-2018-24. 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 the filing also will be available for inspection
and copying at the principal office of the Exchange. 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-NYSE-2018-24, and should be submitted on
or before June 28, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12194 Filed 6-6-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Proposed Rules]
[Pages 70991-70992]
[FR Doc No: 2021-26980]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Proposed Amendment of Class C Airspace at Nashville International
Airport, TN; Informal Airspace Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting.

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SUMMARY: This notice announces a fact-finding informal airspace meeting
regarding a plan to modify the Class C Airspace at Nashville
International Airport, TN (KBNA). The meeting will be a virtual format
via the Zoom platform. The purpose of the meeting is to solicit
aeronautical comments on the proposal's effects on local aviation
operations. All comments received during the meeting, and the
subsequent comment period, will be considered prior to the issuance of
a notice of proposed rulemaking.

DATES: The meeting will be held on Tuesday, February 22, 2022, from
6:00 p.m. to 8:00 p.m. Eastern Time (5:00 p.m. to 7:00 p.m. Central
Time). Comments must be received on or before March 22, 2022.

ADDRESSES: Send comments on the proposal, in triplicate, to: Matthew

Cathcart, Manager, Operations Support Group, Eastern Service Area, Air
Traffic Organization, Federal Aviation Administration, 1701 Columbia
Avenue, College Park, GA 30337; or via email to: [email protected].

FOR FURTHER INFORMATION CONTACT: Ray E. Cummins, Air Traffic Manager,
Nashville Airport Traffic Control Tower, 515 Olen Taylor Dr.,
Nashville, TN 37217; telephone:<PHONE_NUMBER>. Email:
[email protected].

SUPPLEMENTARY INFORMATION:

Agenda for the Meeting

--Presentation of Meeting Procedures
--Informal Presentation of the Planned Class C Airspace Area
--Public Presentations
--Discussion and Questions
--Closing Comments

Meeting Procedures

    (a) Registration: To attend the meeting, the public can register
here: https://zoom.us/webinar/register/WN_nEcLIdHdSIuqb89gW_212Q.
    (b) The meeting will be open to all persons on a space-available
basis. There will be no admission fee or other charge to attend and
participate. The meeting will be informal in nature and will be
conducted by one or more representatives of the FAA Eastern Service
Area. A representative from the FAA will present a briefing on the
planned airspace modifications.
    (c) Each participant will be given an opportunity to deliver
comments or make a presentation, although a time limit may be imposed.
Only comments concerning the plan to modify the Nashville Class C
airspace area will be accepted.
    (d) Each person wishing to make a presentation will be asked to
note their intent when registering for the meeting so those time frames
can be established. This meeting will not be adjourned until everyone
registered to speak has had an opportunity to address the panel. This
meeting may be adjourned at any time if all persons present have had an
opportunity to speak.
    (e) Position papers or other handout material relating to the
substance of the meeting will be accepted. Participants submitting
papers or handout materials should send them to the mail or email
address noted in the COMMENTS section, above.
    (f) The meeting will be available on the FAA YouTube channel. A
summary of the comments made at the meeting will be filed in the
rulemaking docket.
    Information gathered through this meeting will assist the FAA in
drafting a notice of proposed rulemaking (NPRM) that would be published
in the Federal Register. The public will be afforded the opportunity to
comment on any NPRM published on this matter.
    A graphic depiction of the proposed airspace modifications may be
viewed at the following URL: https://www.faa.gov/go/nash. Note: This
URL link will become available on December 17, 2021.

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120;
E.O.10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    Issued in Washington, DC, on December 7, 2021.
Margaret C. Flategraff,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-26980 Filed 12-13-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70109-70111]
[FR Doc No: 2010-28175]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0223; Directorate Identifier 2009-NM-105-AD;
Amendment 39-16503; AD 2010-23-14]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440), CL-600-2C10 (Regional Jet Series 700,
701 & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24
(Regional Jet Series 900) Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Several cases of corrosion in lower structural members of the
passenger door have been reported. It was subsequently determined
that a drainage ramp (constructed from resin) had deteriorated with
time and was retaining moisture. * * * Corrosion left undetected
could eventually affect the structural integrity of the door and
surrounding structure.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective December 22, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 22,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Craig Yates, Aerospace Engineer,
Airframe and Mechanical Systems 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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 15, 2010 (75
FR 12152). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Several cases of corrosion in lower structural members of the
passenger door have been reported. It was subsequently determined
that a drainage ramp (constructed from resin) had deteriorated with
time and was retaining moisture. The ramp, therefore, requires
removal, both to prevent further corrosion and to allow full access
to the door structure during future scheduled inspections. Corrosion
left undetected could eventually affect the structural integrity of
the door and surrounding structure.

The required actions include a general visual inspection for corrosion
and damage of the lower inner section of the door, repair if necessary,
and application of corrosion inhibitor compound. You may obtain further
information by examining the MCAI in the AD docket.

    Since the NPRM was issued, we received Bombardier Modification
Summary Packages IS601R52110030, Revision B, dated May 28, 2010; and
IS67052110074, Revision D, dated June 2, 2010. The revised modification
summaries provide instructions for optional access to ease removal of
the drainage ramp, which includes an option to install the appropriate-
sized rivets. Those revised modification summaries have been referenced
in this AD. We have revised Table 2 of this AD to give credit for doing
the actions before the effective date of this AD in accordance with
Bombardier Modification Summary Package IS601R52110030, Revision A1,
dated April 24, 2009; and Bombardier Modification Summary Package
IS67052110074, Revision A1, dated April 24, 2009.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Include Provisions for Oversized Rivets and Repairs for
Inner Skin When Required

    American Eagle Airlines requested that the proposed AD include an
option to install oversized rivets and/or repair the inner skin when
required. American Eagle Airlines stated that if certain rivets must be
installed per specific drawings, and the next nominal fastener is
required, alternative method of compliances (AMOC) must be obtained,
which will increase the number of AMOCs and decrease efficiency when
accomplishing this modification.
    We agree with the commenter's request. As stated previously, we
have revised this AD to refer to Bombardier Modification Summary
Package IS601R52110030, Revision B, dated May 28, 2010; and Bombardier
Modification Summary Package IS67052110074, Revision D, dated June 2,
2010. These modification summaries were issued to ensure that the
appropriate information concerning the option requested by the
commenter is addressed.

Request That Cost of Compliance Be Amended To Reflect True Cost of
Labor

    Air Wisconsin Airlines requested that the cost of compliance be
amended to more truly reflect the amount of labor and costs to the
airlines. Air Wisconsin Airlines stated that this modification has been
accomplished on 20 airplanes and the modifications have taken between
100 and 140 work-hours to accomplish.
    We agree that the cost of compliance should be changed to reflect
the actual cost of the modification. We have considered the data
presented by the commenter and the manufacturer, and agree that the
number of work hours required is higher than our previous estimate. The
cost analysis in AD rulemaking actions, typically does not include
incidental costs such as the time required to gain access and close up,
time necessary for planning, or time necessitated by other
administrative actions. Those incidental costs, which might vary
significantly among operators, are almost impossible to calculate. The
manufacturer states that the average work-hours required for each
airplane for the modification is 80. We have revised the work-hour
estimate to 80. The costs have been changed accordingly.

Request To Remove Certain Wording From Paragraph (g)(3) of the NPRM

    Mesaba Airlines requested that the wording ``Remove the lower
passenger door ramp'' be removed from paragraph (g)(3) of the NPRM.
Mesaba Airlines stated that paragraph (g)(1) of the NPRM requires
removing the lower passenger door ramp, and stating it again in
paragraph (g)(3) may cause confusion.
    We agree that the wording in question should be removed from
paragraph (g)(3) of this AD. Since the door ramp is already removed
when accomplishing the tasks in paragraph (g)(3) of this AD, it is
unnecessary to repeat the phrase. Paragraph (g)(3) of this AD has been
revised accordingly.

Clarification of Wording in Paragraph (g)(3) of This AD

    For clarity, we have removed the sentence ``Applying corrosion
inhibiter compound is a terminating action for the requirements of this
AD'' from paragraph (g)(3) of this AD. As specified in paragraph (g) of
this AD, the actions in all of the subparagraphs of paragraph (g) of
this AD (i.e., paragraphs (g)(1), (g)(2), and (g)(3)) must be done.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 1,072 products of U.S.
registry. We also estimate that it will take 80 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $0 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $7,289,600, or $6,800 per product.

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 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2010-23-14 Bombardier, Inc: Amendment 39-16503. Docket No. FAA-2010-
0223; Directorate Identifier 2009-NM-105-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Bombardier, Inc. airplanes identified
in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in
any category.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes,
serial numbers 7003 through 8089 inclusive;
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702)
airplanes, serial numbers 10003 through 10265 inclusive; and
    (3) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24
(Regional Jet Series 900) airplanes, serial numbers 15001 through
15173 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 52: Doors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Several cases of corrosion in lower structural members of the
passenger door have been reported. It was subsequently determined
that a drainage ramp (constructed from resin) had deteriorated with
time and was retaining moisture. The ramp, therefore, requires
removal, both to prevent further corrosion and to allow full access
to the door structure during future scheduled inspections. Corrosion
left undetected could eventually affect the structural integrity of
the door and surrounding structure.

The required actions include a general visual inspection for
corrosion and damage of the lower inner section of the door, repair
if necessary, and application of corrosion inhibitor compound.

Compliance

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

Actions

    (g) Before the accumulation of 15,000 total flight hours, or
within 5,000 flight hours after the effective date of this AD,
whichever occurs later, do the actions specified in paragraphs
(g)(1), (g)(2), and (g)(3) of this AD.
    (1) Remove the lower passenger door ramp, in accordance with the
applicable

Bombardier modification summary package specified in Table 1 of this
AD.
    (2) Do a general visual inspection for any damage and corrosion
behind the drainage ramp in the lower portion of the passenger door.
If any damage or corrosion is found, before further flight repair in
accordance with a method approved by the Manager, New York Aircraft
Certification Office, FAA; or Transport Canada Civil Aviation (TCCA)
(or its delegated agent).
    (3) Apply corrosion inhibitor compound, in accordance with the
applicable Bombardier modification summary package specified in
Table 1 of this AD.

                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
                                       Bombardier service
       Applicable airplanes               information               Revision                    Date
----------------------------------------------------------------------------------------------------------------
Model CL-600-2B19 airplanes......  Bombardier Modification    B...................  May 28, 2010.
                                    Summary Package
                                    IS601R52110030.
Model CL-600-2C10, CL-600-2D15,    Bombardier Modification    D...................  June 2, 2010.
 and CL-600-2D24 airplanes.         Summary Package
                                    IS67052110074.
----------------------------------------------------------------------------------------------------------------

     (4) Inspections and modifications accomplished before the
effective date of this AD according to the applicable Bombardier
modification summary package listed in Table 2 of this AD, are
considered acceptable for compliance with the corresponding
inspection or modification specified in this AD.

                                       Table 2--Credit Service Information
----------------------------------------------------------------------------------------------------------------
                                       Bombardier service
       Applicable airplanes               information               Revision                    Date
----------------------------------------------------------------------------------------------------------------
Model CL-600-2B19 airplanes......  Bombardier Modification    A...................  July 5, 2006.
                                    Summary Package
                                    IS601R52110030.
Model CL-600-2B19 airplanes......  Bombardier Modification    A1..................  April 24, 2009.
                                    Summary Package
                                    IS601R52110030.
Model CL-600-2C10, CL-600-2D15,    Bombardier Modification    A...................  July 5, 2006.
 and CL-600-2D24 airplanes.         Summary Package
                                    IS67052110074.
Model CL-600-2C10, CL-600-2D15,    Bombardier Modification    A1..................  April 24, 2009.
 and CL-600-2D24 airplanes.         Summary Package
                                    IS67052110074.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: The MCAI does not require an inspection or application
of a corrosion inhibitor compound. This AD requires both actions.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone 516-
228-7300; 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.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-23,
dated May 19, 2009, and the Bombardier modification summary packages
listed in Table 1 of this AD, for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Modification Summary Package
IS601R52110030, Revision B, dated May 28, 2010; and Bombardier
Modification Summary Package IS67052110074, Revision D, dated June
2, 2010; as applicable; to do the actions required by this AD,
unless the AD specifies otherwise. (The revision date of these
modification summary packages is located only on sheet 2 of the
documents; no other page of the documents contains this
information.)
    (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 at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 23, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28175 Filed 11-16-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46962-46963]
[FR Doc No: 2022-16383]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-1528]

Lupin Pharmaceuticals, Inc., et al.; Withdrawal of Approval of
Seven Abbreviated New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is
withdrawing approval of seven abbreviated new drug applications (ANDAs)
from multiple applicants. The applicants notified the Agency in writing
that the drug products were no longer marketed and requested that the
approval of the applications be withdrawn.

DATES: Approval is withdrawn as of August 31, 2022.

FOR FURTHER INFORMATION CONTACT: Martha Nguyen, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 1676, Silver Spring, MD 20993-0002, 240-
402-6980, [email protected].

SUPPLEMENTARY INFORMATION: The applicants listed in the table have
informed FDA that these drug products are no longer marketed and have
requested that FDA withdraw approval of the applications under the
process described in Sec.  314.150(c) (21 CFR 314.150(c)). The
applicants have also, by their requests, waived their opportunity for a
hearing. Withdrawal of approval of an application or abbreviated
application under Sec.  314.150(c) is without prejudice to refiling.

------------------------------------------------------------------------
    Application No.                Drug                  Applicant
------------------------------------------------------------------------
ANDA 065125............  Ceftriaxone for          Lupin Pharmaceuticals,
                          Injection, Equivalent    Inc., 111 South
                          to (EQ) 250 milligrams   Calvert St.,
                          (mg) base/vial; EQ 500   Harborplace Tower,
                          mg base/vial; EQ 1       21st Floor,
                          gram (g) base/vial; EQ   Baltimore, MD 21202.
                          2 g base/vial.
ANDA 078188............  Irinotecan               Fresenius Kabi USA,
                          Hydrochloride            LLC, Three Corporate
                          Injection, 40 mg/2       Dr., Lake Zurich, IL
                          milliliters (mL) (20     60047.
                          mg/mL) and 100 mg/5 mL
                          (20 mg/mL).
ANDA 090088............  Anastrozole Tablets, 1   Do.
                          mg.
ANDA 206002............  Bosentan Tablets, 62.5   Alvogen Pine Brook,
                          mg and 125 mg.           LLC, 44 Whippany Rd.,
                                                   Suite 300,
                                                   Morristown, NJ 07960.
ANDA 212185............  Chlorzoxazone Tablets,   Glenmark
                          375 mg and 750 mg.       Pharmaceuticals Inc.,
                                                   USA, 750 Corporate
                                                   Dr., Mahwah, NJ
                                                   07430.
ANDA 212186............  Amphetamine Sulfate      Do.
                          Tablets, 5 mg and 10
                          mg.
ANDA 213132............  Arformoterol Tartrate    Do.
                          Inhalation Solution,
                          EQ 0.015 mg base/2 mL.
------------------------------------------------------------------------

    Therefore, approval of the applications listed in the table, and
all amendments and supplements thereto, is hereby withdrawn as of
August 31, 2022. Approval of each entire application is withdrawn,
including any strengths and dosage forms inadvertently missing from the
table. Introduction or delivery for introduction into interstate
commerce of products without approved new drug applications violates
section 301(a) and (d) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 331(a) and (d)). Drug products that are listed in the table that
are in inventory on August 31, 2022 may continue to be dispensed until
the inventories have been depleted or the drug products have reached
their expiration dates or otherwise become violative, whichever occurs
first.

    Dated: July 25, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-16383 Filed 7-29-22; 8:45 am]
BILLING CODE 4164-01-P


SIPC approves plan to retire Unit 4 operation
July 2020 available at https://icl.coop/sipc-approves-plan-to-retire-unit-4-operation/
The Southern Illinois Power Cooperative (SIPC) board of directors, with support from IBEW 702, approved a plan enabling SIPC to retire operation of the Unit 4 coal fired generator at the Marion Power Generating Station as early as fall of this year. The plan is the result of a process that began in fall 2019, when SIPC began looking at the long range economics of the Marion Station due primarily to sustained low energy prices in the wholesale power market as well as increasing environmental compliance costs. Regulatory approvals are required and expected by late July. A formal board decision will be made at that time.
"This is a significant and timely step to better serve our member-owners' power requirements, considering our future risks and opportunities. Our mission and vision will continue to guide us as we work each day to best serve our members," says President/CEO Don Gulley.
The closure of Unit 4 would affect up to 26 employees. Working closely with labor partner IBEW Local 702 and local legislators, the cooperative has developed a transition plan to help those employees that may be facing layoffs.
In addition, SIPC and IBEW worked together to develop an efficiency plan to help retain 55 union jobs in the event of Unit 4 closure. The plan aims to further improve the cost structure of SIPC's remaining operations, including
the one coal and two natural gas units, its transmission operations, and administrative support services.
Overall, the plan is expected to reduce costs by $125 million over the next 10 years, which will directly benefit SIPC's member-owner distribution cooperatives.
SIPC is a member-owned and governed generation and transmission cooperative headquartered in Marion that provides wholesale electric power services to seven distribution cooperatives in southern Illinois.


[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Pages 28715-28716]
[FR Doc No: 2017-13144]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 701. SEC File No. 270-306, OMB Control No. 3235-0522.

    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'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Rule 701(17 CFR 230.701) under the Securities Act of 1933
(``Securities Act'') (15 U.S.C. 77a et seq.) provides an exemption for
certain issuers from the registration requirements of the Securities
Act for limited offerings and sales of securities issued under
compensatory benefit plans or contracts. The purpose of Rule 701 is to
ensure that a basic level of information is available to employees and
others when substantial amounts of securities are issued in
compensatory arrangements. Information provided under Rule 701 is
mandatory. We estimate that approximately 300 companies annually rely
on the Rule 701 exemption and that it takes 2 hours to prepare each
response. We estimate that 25% of the 2 hours per response (0.5 hours)
is prepared by the company for a total annual reporting burden of 150
hours (0.5 hours per response x 300 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.

    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov .
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: June 19, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13144 Filed 6-22-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31252-31254]
[FR Doc No: 2023-10385]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-375-000]

Elba Liquefaction Company, LLC; Southern LNG Company, LLC; Notice
of Application for Amendment and Establishing Intervention Deadline

    Take notice that on April 28, 2023, Elba Liquefaction Company, LLC
(ELC), and Southern LNG Company, LLC (SLNG), 569 Brookwood Village,
Suite 749, Birmingham, Alabama 35209, filed an application under
section 3(a) of the Natural Gas Act (NGA) requesting an amendment to
its June 1, 2016 Order \1\ (2016 Order) to modify certain Movable
Modular Liquefaction System (MMLS) Dehydration and Heavies Removal
units that will reduce the fouling rate in the liquefaction units,
reduce the resultant flaring events associated with cold box deriming,
and therefore allow the MMLS to operate in an optimized condition for
longer periods of time without fouling. Accordingly, this project is
referred to as the Elba Liquefaction Optimization Project.
---------------------------------------------------------------------------

    \1\ Elba Liquefaction Company, L.L.C., 155 FERC ] 61,219,
(2016).
---------------------------------------------------------------------------

    Specifically, ELC and SLNG request authorization to (1) make
modifications to ten (10) MMLS units; (2) construct and operate a new
condensate plant; (3) install three (3) new liquid nitrogen vaporizers;
and (4) increase the total liquefaction capacity of the MMLS units up
to approximately 2.9 MTPA from 2.5 MTPA (0.0553 Bcf/d).
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY,<PHONE_NUMBER>.
    Any questions regarding this application may be directed to
Francisco Tarin, Director, Regulatory, or Patricia Francis, Vice
President and Managing Counsel, Elba Liquefaction Company, LLC and
Southern LNG Company, LLC; 569 Brookwood Village, Suite 749,
Birmingham, Alabama,

35209. Or alternately to Francisco Tarin at<PHONE_NUMBER> or by email
at [email protected], or, Patricia Francis at (205) 325-
7696 or by email at [email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\2\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \2\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on May 31, 2023. How
to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\3\ any person \4\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \3\ 18 CFR 157.205.
    \4\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\5\ and must be submitted by
the protest deadline, which is May 31, 2023. A protest may also serve
as a motion to intervene so long as the protestor states it also seeks
to be an intervenor.
---------------------------------------------------------------------------

    \5\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \6\ and the regulations under the NGA \7\ by the
intervention deadline for the project, which is May 31, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/how-guides.
---------------------------------------------------------------------------

    \6\ 18 CFR 385.214.
    \7\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before May 31, 2023. The filing of a comment alone will not serve
to make the filer a party to the proceeding. To become a party, you
must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-375-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's Website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \8\
---------------------------------------------------------------------------

    \8\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-375-000.

To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To send via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected].
    Protests and motions to intervene must be served to the applicant
by mail to: Francisco Tarin, Director, Regulatory, or Patricia Francis,
Vice President and Managing Counsel, Elba Liquefaction Company, LLC and
Southern LNG Company, LLC; 569 Brookwood Village, Suite 749,
Birmingham, Alabama, 35209. Or alternately to Francisco Tarin at (719)
667-7517 or by email (with a link to the document) at
[email protected], or, Patricia Francis

at<PHONE_NUMBER> or by email (with a link to the document) at
[email protected].
    Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on May 31, 2023.

    Dated: May 10, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-10385 Filed 5-15-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83545-83546]
[FR Doc No: 2023-26299]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2022-E-0656; FDA-2022-E-0657; FDA-2022-E-0658; FDA-
2022-E-0659; FDA-2022-E-0660; and FDA-2022-E-0680]

Determination of Regulatory Review Period for Purposes of Patent
Extension; Amondys 45

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for Amondys 45 and is
publishing this notice of that determination as required by law. FDA
has made the determination because of the submission of applications to
the Director of the U.S. Patent and Trademark Office (USPTO),
Department of Commerce, for the extension of a patent which claims that
human drug product.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by January 29, 2024.
Furthermore, any interested person may petition FDA for a determination
regarding whether the applicant for extension acted with due diligence
during the regulatory review period by May 28, 2024. See ``Petitions''
in the SUPPLEMENTARY INFORMATION section for more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of January 29, 2024. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2022-E-0656; FDA-2022-E-0657; FDA-2022-E-0658; FDA-2022-E-0659;
FDA-2022-E-0660; FDA-2022-E-0680 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; AMONDYS 45.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in

its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug or biologic product, animal drug product, medical device,
food additive, or color additive) was subject to regulatory review by
FDA before the item was marketed. Under these acts, a product's
regulatory review period forms the basis for determining the amount of
extension an applicant may receive.
    A regulatory review period consists of two periods of time: a
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product, Amondys 45
(casimersen), which is indicated for the treatment of Duchenne muscular
dystrophy (DMD) in patients who have a confirmed mutation of the DMD
gene that is amenable to exon 45 skipping. This indication is approved
under accelerated approval based on an increase in dystrophin
production in skeletal muscle observed in patients treated with Amondys
45. Continued approval for this indication may be contingent upon
verification of a clinical benefit in confirmatory trials. Subsequent
to this approval, the USPTO received a patent term restoration
application for Amondys 45 (U.S. Patent Nos. 8,524,880; 9,228,187;
9,447,415; 9,758,783; 10,287,586; and 10,781,450) from The University
of Western Australia, and the USPTO requested FDA's assistance in
determining the patents' eligibility for patent term restoration. In a
letter dated June 14, 2022, FDA advised the USPTO that this human drug
product had undergone a regulatory review period and that the approval
of Amondys 45 represented the first permitted commercial marketing or
use of the product. Thereafter, the USPTO requested that FDA determine
the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
Amondys 45 is 2,412 days. Of this time, 2,166 days occurred during the
testing phase of the regulatory review period, while 246 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
July 22, 2014. FDA has verified the applicant's claim that the date the
investigational new drug application became effective was on July 22,
2014.
    2. The date the application was initially submitted with respect to
the human drug product under section 505 of the FD&C Act: June 25,
2020. FDA has verified the applicant's claim that the new drug
application (NDA) for Amondys 45 (NDA 213026) was initially submitted
on June 25, 2020.
    3. The date the application was approved: February 25, 2021. FDA
has verified the applicant's claim that NDA 213026 was approved on
February 25, 2021.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 157 days, 450 days, 755 days, 933 days, 1,063
days, or 1,329 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: November 21, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-26299 Filed 11-29-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Proposed Rules]
[Pages 2029-2032]
[FR Doc No: 2023-00062]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1662; Project Identifier MCAI-2022-00689-T]
RIN 2120-AA64

Airworthiness Directives; 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 Bombardier, Inc., Model BD-100-1A10 airplanes. This
proposed AD was prompted by multiple reports of

erratic electrical system status on the push button annunciators (PBAs)
and the engine instrument and crew alerting system (EICAS) while on-
ground and during flight. This proposed AD would require a records
check and replacement of affected left-hand (LH) direct current power
center (DCPC) units. 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 February
27, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1662; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Bombardier service information identified in this
NPRM, contact Bombardier Business Aircraft Customer Response Center,
400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
     You may view this service information 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>.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics & Electrical Systems Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7367; email [email protected].

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-2022-1662; Project Identifier
MCAI-2022-00689-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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

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
Steven Dzierzynski, Aerospace Engineer, Avionics & Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-28, dated June 9, 2022 (Transport
Canada AD CF-2022-28) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier, Inc., Model BD-100-
1A10 airplanes. The MCAI states there have been multiple reports of
erratic electrical system status on the PBAs and the EICAS while on-
ground and during flight, and in several cases, leading to momentary
loss of electrical power and loss of flight displays following flight
crew responses to the erratic statuses. It was found that airplanes
could experience misleading electrical system status indications (PBA
and EICAS) as a result of contamination of electrical contacts in the
LH DCPC internal communication data bus. Those erratic indications
could cause the crew to turn off fully-operational electrical power
sources, leading to partial or complete loss of electrical power. Loss
of electrical power could result in the loss of flight displays and
reduced controllability of the airplane.
    The MCAI also stated that Transport Canada previously issued CF-
2020-46, dated November 17, 2020 (which corresponds to FAA AD 2021-23-
14, Amendment 39-21812 (86 FR 68889, December 6, 2021)), which mandated
the use of revised Electrical Emergency and Non-Normal Procedures in
the airplane flight manual that directed crews not to turn off active
generators in the event of an erroneous electrical system status
indication. The MCAI advised that further corrective action is being
developed to introduce a design improvement to the DCPC that is
intended to protect the internal communication data bus from
contaminants, and that a time-limited maintenance check will also be
implemented.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1662.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletins 100-24-29 and 350-24-
004, both dated April 9, 2021. This service information specifies
procedures for a records check to determine the total flight hours and
replacement of affected LH DCPC units (part numbers 975GC02Y04,
975GC0Y05, 975GC02Y06, or 975GC02Y07). These documents are distinct
since they apply to different airplane configurations. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination

    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 this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described, except as discussed under
``Differences Between this NPRM and the MCAI or Service Information.''

Differences Between This NPRM and the MCAI or Service Information

    The note to paragraph 2.B.(4) in Bombardier Service Bulletins 100-
24-29 and 350-24-004, both dated April 9, 2021, specifies to reset the
unit total flight hours to zero at date of incorporation. This proposed
AD would not require that action.

Interim Action

    The FAA considers that this proposed AD would be an interim action.
The MCAI states that further corrective action is being developed. Once
this action is developed, approved, and available, the FAA might
consider additional rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 315 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-hours x $85 per hour = $85............................              $0              $85          $26,775
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
          Labor cost                 Parts cost       Cost per  product
------------------------------------------------------------------------
8 work-hours x $85 per hour =   Up to $35,000......  Up to $35,680.
 $680.
------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

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:

Bombardier, Inc.: Docket No. FAA-2022-1662; Project Identifier MCAI-
2022-00689-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 27, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, having serial number 20003
through 20795 inclusive, 20797 through 20812 inclusive, 20814
through 20832 inclusive, and 20834 through 20836 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
Power.

(e) Unsafe Condition

    This AD was prompted by multiple reports of erratic electrical
system status on the push button annunciators (PBAs) and the engine
instrument and crew alerting system (EICAS) while on-ground and
during flight. The FAA is issuing this AD to address erratic
indications, which could cause the flight crew to turn off fully-
operational electrical power sources, leading to partial or complete
loss of electrical power. The unsafe condition, if not addressed,
could result in loss of electrical power could result in the loss of
flight displays and reduced controllability of the airplane.

(f) Compliance

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

(g) Records Check

    Within 60 days after the effective date of this AD, verify the
total flight hours of the left-hand (LH) direct current power center
(DCPC) unit since the date of manufacture by doing a records check
in accordance with paragraph 2.B.(1) of the Accomplishment
Instructions of the applicable service bulletin identified in
paragraphs (g)(1) and (2) of this AD.
    (1) For airplanes having serial number 20001 through 20500
inclusive, use Bombardier Service Bulletin 100-24-29, dated April 9,
2021.
    (2) For airplanes having serial number 20501 through 20999
inclusive, use Bombardier Service Bulletin 350-24-004, dated April
9, 2021.

(h) Replacement of the LH DCPC

    If, during the records check required by paragraph (g) of this
AD, the total flight hours since date of manufacture of the LH DCPC
unit is equal to or more than 3,100 total flight hours and the LH
DCPC has not been cleaned as specified in Safran Service Bulletin
975GC02Y-24-018 before the effective date of this AD: Within 19
months after the effective date of this AD, replace the LH DCPC unit
in accordance with paragraphs 2.B.(2) through 2.B.(5) and 2.C. of
the Accomplishment Instructions of the applicable service bulletin
identified in paragraphs (g)(1) and (2) of this AD.

(i) Exception to the Service Information

    Although the note in paragraph 2.B.(4) of the Accomplishment
Instructions of Bombardier Service Bulletins 100-24-29, and 350-24-
004, both dated April 9, 2021, specifies that actions will reset
``the unit total flight hours to zero at date of incorporation,''
this AD does not include that requirement.

(j) Additional 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 responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (k)(1) of this AD or
email to: [email protected]. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards 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; or Bombardier, Inc.'s Transport
Canada Design Approval Organization (DAO). If approved by the DAO,
the approval must include the DAO-authorized signature.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2022-28, dated May 26, 2022,
for related information. This Transport Canada AD may be found in
the AD docket at regulations.gov under Docket No. FAA-2022-1662.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics & Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 100-24-29, dated April 9, 2021.
    (ii) Bombardier Service Bulletin 350-24-004, dated April 9,
2021.
    (3) For Bombardier service information identified in this AD,
contact Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
    (4) You may view this service information 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>.
    (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, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-00062 Filed 1-11-23; 8:45 am]
BILLING CODE 4910-13-P