[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Rules and Regulations]
[Page 43821]
[FR Doc No: 2011-18185]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0122; Airspace Docket No. 11-ACE-3]

Amendment of Class E Airspace; Ava, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Ava, MO.
Decommissioning of the Bilmart non-directional beacon (NDB) at Ava Bill
Martin Memorial Airport, Ava, MO, has made this action necessary to
enhance the safety and management of Instrument Flight Rule (IFR)
operations at the airport.

DATES: Effective date: 0901 UTC, October 20, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On May 2, 2011, the FAA published in the Federal Register a notice
of proposed rulemaking to amend Class E airspace for Ava, MO,
reconfiguring controlled airspace at Ava Bill Martin Memorial Airport
(76 FR 24409) Docket No. FAA-2011-0122. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9U dated
August 18, 2010, and effective September 15, 2010, which is
incorporated by reference in 14 CFR part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class E airspace extending upward from 700 feet
above the surface for the Ava, MO area. Decommissioning of the Bilmart
NDB and cancellation of the NDB approach at Ava Bill Martin Memorial
Airport has made reconfiguration of the airspace necessary for the
safety and management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Ava Bill Martin Memorial Airport,
Ava, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR part 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010 is amended as follows:
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACE MO E5 Ava, MO [Amended]

Ava, Bill Martin Memorial Airport, MO
    (Lat. 36[deg]58'19'' N., long. 92[deg]40'55'' W.)
Dogwood VORTAC
    (Lat. 37[deg]01'24'' N., long. 92[deg]52'37'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Ava Bill Martin Memorial Airport, and
within 1.8 miles each side of the 107[deg] radial of the Dogwood
VORTAC extending from the 6.3-mile radius to the VORTAC.

    Issued in Fort Worth, Texas, on July 13, 2011.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-18185 Filed 7-21-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Rules and Regulations]
[Pages 48419-48420]
[FR Doc No: 2012-19410]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1418; Directorate Identifier 2011-NM-187-AD;
Amendment 39-17157; AD 2012-16-10]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. 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 certain
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted
by chafing on high pressure fuel lines due to improper installation of
an expandable pin on the lower cowl assembly. This AD requires
installing spring clips and repositioning the lanyard attachment points
at the forward end and the forward firefloor of the lower cowl. We are
issuing this AD to prevent chafing of the high pressure fuel lines,
which if not corrected, could cause fuel leakage in a fire zone.

DATES: This AD becomes effective September 18, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
18, 2012.

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 20590.

FOR FURTHER INFORMATION CONTACT: Mazdak Hobbi, Aerospace Engineer,
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
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 January 19, 2012 (77
FR 2658). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    During routine maintenance, an operator discovered evidence of
chafing on a high pressure (HP) fuel line. The source of chafing was
related to the improper installation of an expandable pin on the
lower cowl assembly, which caused the lanyard to foul against the HP
fuel line. This condition, if not corrected, may cause fuel leakage
in a fire zone.
    Bombardier has issued Service Bulletin (SB) 84-71-13 to
introduce spring clips to positively retain and control the
lanyards, regardless of the installation orientation of the
expandable pin to rectify this problem.

    You may obtain further information by examining the MCAI in the AD
docket.

Comments

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

Request To Use Lanyard

    Horizon Air requested the use of parts manufacturer approval (PMA)
lanyard having part having number (P/N) QXD671217-001 in lieu of
Bombardier Service Bulletin 84-71-13, dated May 19, 2011, or use of the
PMA part when accomplishing Bombardier Service Bulletin 84-71-13, dated
May 19, 2011, since the NPRM (77 FR 2658, January 19, 2012) affects the
clipping of the lanyard only but not the lanyard itself.
    We disagree because the PMA part would have to be evaluated for
this modification and the commenter did not submit justifiable data.
Therefore, we cannot add this PMA part as an alternative within the
final rule. We recommend that the operator request approval of an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (h)(1) of this AD in order to have
the PMA part evaluated to the Bombardier part currently referenced by
Bombardier Service Bulletin 84-71-13, dated May 19, 2011. We have not
changed the final rule in regard to this issue.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed except for minor editorial changes. We have determined
that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 2658, January 19, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 2658, January 19, 2012).

Costs of Compliance

    We estimate that this AD will affect 83 products of U.S. registry.
We also estimate that it will take about 3 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 $19 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 $22,742, or $274 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 that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    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 (77 FR 2658, January 19,
2012), 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

    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:

2012-16-10 Bombardier, Inc.: Amendment 39-17157. Docket No. FAA-
2011-1418; Directorate Identifier 2011-NM-187-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September
18, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes; certificated in any category; serial numbers 4001,
4003 through 4354 inclusive; and 4356 through 4363 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 71: Power Plant.

(e) Reason

    This AD was prompted by chafing on high pressure fuel lines due
to improper installation of an expandable pin on the lower cowl
assembly. We are issuing this AD to prevent chafing of the high
pressure fuel lines, which if not corrected, could cause fuel
leakage in a fire zone.

(f) Compliance

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

(g) Actions

    Within 6,000 flight hours or 36 months after the effective date
of this AD, whichever occurs first, install new or serviceable
spring clips and re-position the lanyard attachment points, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-71-13, dated May 19, 2011.

(h) Other FAA AD Provisions

    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. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to Attn: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. 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.

(i) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-21, dated
July 12, 2011; and Bombardier Service Bulletin 84-71-13, dated May
19, 2011; for related information.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 84-71-13, dated May 19, 2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com.
    (4) 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>.
    (5) 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 an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-19410 Filed 8-13-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Notices]
[Page 25522]
[FR Doc No: 2012-10307]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66853; File No. SR-ICC-2012-02]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change to Provide for a T+1 Settlement of the
Initial Payment Related to the CDS Contracts Cleared by ICE Clear
Credit LLC

April 24, 2012.

I. Introduction

    On March 1, 2012, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change SR-ICC-2012-02 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'').\1\ The proposed rule change was
published for comment in the Federal Register on March 12, 2012.\2\ The
Commission received no comment letters. For the reasons discussed
below, the Commission is granting approval of the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 34-66517 (March 6,
2012), 77 FR 14578 (March 12, 2012).
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II. Description

    ICC proposed rule amendments that were intended to modify the terms
of each of the various CDS Contracts cleared by ICC (CDX.NA Untranched
Contracts, Standard North American Corporate (``SNAC'') Single Name
Contracts and Standard Emerging Sovereign (``SES'') Single Name
Contracts) to make the Initial Payment \3\ date the first business day
immediately following the trade date, provided that with respect to CDS
Contracts that are accepted for clearing after the trade date, the
Initial Payment date will be the date that is the first business day
following the date when the CDS Contract is accepted for clearing. The
Initial Payment under a CDS Contract is established at the time the
contract is executed and may be payable from either the protection
buyer to the protection seller or vice versa. Under the current ICC
Rules (by way of the incorporated ISDA Credit Derivatives Definitions),
and consistent with practice in the market for uncleared credit default
swaps, the Initial Payment is required to be made on the third business
day following the trade date (the execution date). ICC proposed to add
the definition of Initial Payment Date to its Clearing Rules to provide
instead that the Initial Payment is to be made on the first business
day following the trade date (or, if the transaction is accepted for
clearing after the trade date, the Initial Payment is to be made on the
first business day following the date of acceptance for clearing). ICC
believes that this change from ``T+3'' settlement to ``T+1'' settlement
for the Initial Payment will facilitate customer-related clearing. In
addition, this change will improve margin efficiency (as margin
requirements will no longer need to take into account the additional
risk from a T+3 as opposed to a T+1 settlement rule).
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    \3\ The Initial Payment is an obligation by either counterparty
to make an upfront payment established at the time the contract is
executed. See ICE Clear Credit Clearing Rules, Section 301(b).
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    The other proposed changes in the ICC Rules reflect updates to
cross-references and defined terms and similar drafting clarifications,
and do not affect the substance of the ICC Rules or cleared products.

III. Discussion

    Section 19(b)(2)(B) of the Act \4\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such organization. Section 17A(b)(3)(F) of the Act \5\
requires, among other things, that the rules of a clearing agency be
designed to promote the prompt and accurate clearance and settlement of
securities transactions and, to the extent applicable, derivative
agreements, contracts, and transactions.
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    \4\ 15 U.S.C. 78s(b)(2)(B).
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
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    Because the proposed rule change will accelerate the Initial
Payment date, it will improve margin efficiency (as margin requirements
will no longer need to take into account the additional risk from a T+3
as opposed to a T+1 settlement rule) thereby promoting the prompt and
accurate clearance and settlement of derivative agreements, contracts,
and transactions, and therefore is consistent with the requirements of
Section 17A(b)(3)(F) of the Act.

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \6\ and the
rules and regulations thereunder.
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    \6\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (File No. SR-ICC-2012-02) be, and
hereby is, approved.\8\
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    \7\ 15 U.S.C. 78s(b)(2).
    \8\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).
    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-10307 Filed 4-27-12; 8:45 am]
BILLING CODE 8011-01-P