Alaskan Fuel Hauling as a Restricted Category Special Purpose Flight Operation, 45921-45922 [2012-18557]
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Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
(18) The central counterparty
maintains sufficient financial resources
to withstand, at a minimum, a default
by the participant to which it has the
largest exposure in extreme but
plausible market conditions.
(b) The Board, by order, may apply
heightened risk-management standards
to a particular designated financial
market utility in accordance with the
risks presented by that designated
financial market utility. The Board, by
order, may waive the application of a
standard or standards to a particular
designated financial market utility
where the risks presented by or the
design of that designated financial
market utility would make the
application of the standard or standards
inappropriate.
sroberts on DSK5SPTVN1PROD with RULES
§ 234.5 Changes to rules, procedures, or
operations.
(a) Advance notice.
(1) A designated financial market
utility shall provide at least 60-days
advance notice to the Board of any
proposed change to its rules,
procedures, or operations that could
materially affect the nature or level of
risks presented by the designated
financial market utility.
(2) The notice of the proposed change
shall describe—
(i) The nature of the change and
expected effects on risks to the
designated financial market utility, its
participants, or the market; and
(ii) How the designated financial
market utility plans to manage any
identified risks.
(3) The Board may require the
designated financial market utility to
provide additional information
necessary to assess the effect the
proposed change would have on the
nature or level of risks associated with
the utility’s payment, clearing, or
settlement activities and the sufficiency
of any proposed risk-management
techniques.
(4) A designated financial market
utility shall not implement a change to
which the Board has an objection.
(5) The Board will notify the
designated financial market utility of
any objection before the end of 60 days
after the later of—
(i) The date the Board receives the
notice of proposed change; or
(ii) The date the Board receives any
further information it requests for
consideration of the notice.
(6) A designated financial market
utility may implement a change if it has
not received an objection to the
proposed change before the end of 60
days after the later of—
(i) The date the Board receives the
notice of proposed change; or
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16:21 Aug 01, 2012
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(ii) The date the Board receives any
further information it requests for
consideration of the notice.
(7) With respect to proposed changes
that raise novel or complex issues, the
Board may, by written notice during the
60-day review period, extend the review
period for an additional 60 days. Any
extension under this paragraph will
extend the time periods under
paragraphs (a)(5) and (a)(6) of this
section to 120 days.
(8) A designated financial market
utility may implement a proposed
change before the expiration of the
applicable review period if the Board
notifies the designated financial market
utility in writing that the Board does not
object to the proposed change and
authorizes the designated financial
market utility to implement the change
on an earlier date, subject to any
conditions imposed by the Board.
(b) Emergency changes.
(1) A designated financial market
utility may implement a change that
would otherwise require advance notice
under this section if it determines that—
(i) An emergency exists; and
(ii) Immediate implementation of the
change is necessary for the designated
financial market utility to continue to
provide its services in a safe and sound
manner.
(2) The designated financial market
utility shall provide notice of any such
emergency change to the Board as soon
as practicable and no later than 24 hours
after implementation of the change.
(3) In addition to the information
required for changes requiring advance
notice in paragraph (a)(2) of this section,
the notice of an emergency change shall
describe—
(i) The nature of the emergency; and
(ii) The reason the change was
necessary for the designated financial
market utility to continue to provide its
services in a safe and sound manner.
(4) The Board may require
modification or rescission of the change
if it finds that the change is not
consistent with the purposes of the
Dodd-Frank Act or any applicable rules,
order, or standards prescribed under
section 805(a) of the Dodd-Frank Act.
(c) Materiality.
(1) The term ‘‘materially affect the
nature or level of risks presented’’ in
paragraph (a)(1) of this section means
matters as to which there is a reasonable
possibility that the change would
materially affect the overall nature or
level of risk presented by the designated
financial market utility, including risk
arising in the performance of payment,
clearing, or settlement functions.
(2) A change to rules, procedures, or
operations that would materially affect
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45921
the nature or level of risks presented
includes, but is not limited to, changes
that materially affect any one or more of
the following:
(i) Participant eligibility or access
criteria;
(ii) Product eligibility;
(iii) Risk management;
(iv) Settlement failure or default
procedures;
(v) Financial resources;
(vi) Business continuity and disaster
recovery plans;
(vii) Daily or intraday settlement
procedures;
(viii) The scope of services, including
the addition of a new service or
discontinuation of an existing service;
(ix) Technical design or operating
platform, which results in non-routine
changes to the underlying technological
framework for payment, clearing, or
settlement functions; or
(x) Governance.
(3) A change to rules, procedures, or
operations that does not meet the
conditions of paragraph (c)(2) of this
section and would not materially affect
the nature or level of risks presented
includes, but is not limited to the
following:
(i) A routine technology systems
upgrade;
(ii) A change in a fee, price, or other
charge for services provided by the
designated financial market utility;
(iii) A change related solely to the
administration of the designated
financial market utility or related to the
routine, daily administration, direction,
and control of employees; or
(iv) A clerical change and other nonsubstantive revisions to rules,
procedures, or other documentation.
By order of the Board of Governors of the
Federal Reserve System, July 27, 2012.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2012–18762 Filed 8–1–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
Alaskan Fuel Hauling as a Restricted
Category Special Purpose Flight
Operation
Federal Aviation
Administration (FAA), (DOT).
ACTION: Notice of policy.
AGENCY:
This notice of policy
announces Alaskan fuel hauling as a
restricted category special purpose
SUMMARY:
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02AUR1
sroberts on DSK5SPTVN1PROD with RULES
45922
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
operation under Title 14 of the Code of
Federal Regulations (14 CFR)
21.25(b)(7), for aircraft type-certificated
under 14 CFR 21.25(a)(1), for operations
within the State of Alaska, to provide
bulk fuel to isolated individuals or
locations in the State of Alaska.
DATES: This policy is August 2, 2012.
FOR FURTHER INFORMATION CONTACT:
Federal Aviation Administration,
Aircraft Certification Service, Aircraft
Engineering Division, Certification
Procedures Office (AIR–110), Mike
Monroney Aeronautical Center, P.O.
Box 26460, Oklahoma City, OK 73125.
Attn: Jon Mowery. Telephone (405)
954–4776, fax 405–954–2209, email to:
jon.mowery@faa.gov.
SUPPLEMENTARY INFORMATION: On August
6, 2009, a notice of proposed policy was
published in the Federal Register (74
FR 39242) in which the FAA proposed
to specify Alaskan fuel hauling as a
restricted category special purpose
operation under 14 CFR 21.25(b)(7). The
comment period closed September 8,
2009. This notice of policy addresses
only one of the three special purpose
operations proposed in 2009. The other
two proposals are still under
consideration and are not addressed at
this time in this notice.
The FAA received comments from six
commenters, in three major areas. One
of the comments submitted was, ‘‘The
transport of the fuel could be made safer
by limiting the payload on each flight to
say 35% of the aircraft weight so there
won’t be problems with takeoff and
landing’’. Another commenter proposed
that Alaska fuel hauling be limited to
aircraft having a maximum certificated
takeoff weight (‘‘MTOW’’) of 20,000 lb
or less. The FAA does not agree with
setting an arbitrary maximum weight
limit for this special purpose, nor does
the FAA see a need to operate below the
certificated capabilities of the aircraft.
To provide for safe operations, each
aircraft used to transport fuel will be
required to receive FAA certification for
the purpose of fuel hauling. During
certification the airplane payload and
performance limits will be specified as
part of the certification process. All
aircraft must be operated within their
certificated weight and balance
limitations, and airfield performance
limitations. No overweight operations
will be permitted.
One commenter suggested that the
special purpose of fuel hauling be
expanded to include operations outside
the State of Alaska, while another
commenter requested that the proposal
be strictly limited to operations
conducted solely within the state. The
FAA will limit this proposed special
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16:21 Aug 01, 2012
Jkt 226001
purpose to operations in the State of
Alaska only. Alaska has a unique
dependence on aviation for delivery of
essential supplies to remote villages that
are not serviced by roads or rail. Most
of these villages are served by airports
with runways less than 3,000 feet long.
The remoteness and limited
transportation infrastructure means that
air transportation of fuel is the only
method to deliver fuel to these areas
during many times of the year.
One commenter requested that the
FAA confirm that restricted category
aircraft certificated for the special
purpose of Alaskan fuel hauling would
be permitted to conduct these
operations in view of the provisions of
§ 91.313, which provides the operating
limitations for aircraft certificated in
restricted category. Section 91.313(a)
states that no person may operate a
restricted category civil aircraft for any
purpose other than the special purpose
for which it is certificated. Section
91.313(c) states that a restricted category
aircraft cannot be used to carry persons
or property for compensation or hire.
However, this paragraph goes on to say
that for the purposes of § 91.313(c) the
definition of ‘‘for compensation or hire’’
changes if the special purpose requires
the carriage of material necessary for
that special purpose. Then carriage of
that material is not considered carriage
‘‘for compensation or hire’’, but only in
regards to the limitations in § 91.313(c).
For example, an airplane with a
restricted category airworthiness
certificate for the special purpose of
Alaska fuel hauling may carry fuel for
commercial gain. However, the
operation must comply with 14 CFR
part 119, which addresses commercial
operations. Since Alaskan fuel hauling
does not meet any of the exclusions in
14 CFR part 119, the operation would
need to meet the requirements of 14
CFR part 135 or part 121. Operational
approval for Alaskan fuel hauling must
be obtained from FAA Flight Standards
Service in accordance with the
operating regulations.
The special purpose of Alaskan fuel
hauling was considered for aircraft typecertificated under § 21.25(a)(1). This
limitation will result in a higher level of
safety than surplus military aircraft
type-certificated under § 21.25(a)(2).
Compliance with 14 CFR part 36 noise
requirements is required for this special
purpose. The fuel hauling system must
be shown to meet the applicable
airworthiness regulations as required by
§§ 21.25(a)(1), and 21.101 if appropriate.
Upon approval of the fuel hauling
configuration of an aircraft for Alaskan
fuel hauling, the operator must obtain
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
an airworthiness certificate for the new
special purpose.
Accordingly, the Aircraft Engineering
Division hereby specifies, under
authority delegated by the
Administrator, that Alaskan fuel hauling
is a restricted category special purpose
flight operation under the provisions of
§ 21.25(b)(7). This approval is limited to
aircraft type-certificated under
§ 21.25(a)(1). This action will enable
bulk fuel to be carried to isolated
individuals and locations (such as
villages, towns, and mining facilities) in
the State of Alaska, during times when
other methods are impractical.
Issued in Washington, DC, on June 29,
2012.
David W. Hempe,
Manager, Aircraft Engineering Division,
Aircraft Certification Service.
[FR Doc. 2012–18557 Filed 8–1–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 97
[Docket No. 30853; Amdt. No. 3488]
Standard Instrument Approach
Procedures, and Takeoff Minimums
and Obstacle Departure Procedures;
Miscellaneous Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This rule establishes, amends,
suspends, or revokes Standard
Instrument Approach Procedures
(SIAPs) and associated Takeoff
Minimums and Obstacle Departure
Procedures for operations at certain
airports. These regulatory actions are
needed because of the adoption of new
or revised criteria, or because of changes
occurring in the National Airspace
System, such as the commissioning of
new navigational facilities, adding new
obstacles, or changing air traffic
requirements. These changes are
designed to provide safe and efficient
use of the navigable airspace and to
promote safe flight operations under
instrument flight rules at the affected
airports.
SUMMARY:
This rule is effective August 2,
2012. The compliance date for each
SIAP, associated Takeoff Minimums,
and ODP is specified in the amendatory
provisions.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
DATES:
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]]>Agencies
[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45921-45922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18557]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
Alaskan Fuel Hauling as a Restricted Category Special Purpose
Flight Operation
AGENCY: Federal Aviation Administration (FAA), (DOT).
ACTION: Notice of policy.
-----------------------------------------------------------------------
SUMMARY: This notice of policy announces Alaskan fuel hauling as a
restricted category special purpose
[[Page 45922]]
operation under Title 14 of the Code of Federal Regulations (14 CFR)
21.25(b)(7), for aircraft type-certificated under 14 CFR 21.25(a)(1),
for operations within the State of Alaska, to provide bulk fuel to
isolated individuals or locations in the State of Alaska.
DATES: This policy is August 2, 2012.
FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration,
Aircraft Certification Service, Aircraft Engineering Division,
Certification Procedures Office (AIR-110), Mike Monroney Aeronautical
Center, P.O. Box 26460, Oklahoma City, OK 73125. Attn: Jon Mowery.
Telephone (405) 954-4776, fax 405-954-2209, email to:
jon.mowery@faa.gov.
SUPPLEMENTARY INFORMATION: On August 6, 2009, a notice of proposed
policy was published in the Federal Register (74 FR 39242) in which the
FAA proposed to specify Alaskan fuel hauling as a restricted category
special purpose operation under 14 CFR 21.25(b)(7). The comment period
closed September 8, 2009. This notice of policy addresses only one of
the three special purpose operations proposed in 2009. The other two
proposals are still under consideration and are not addressed at this
time in this notice.
The FAA received comments from six commenters, in three major
areas. One of the comments submitted was, ``The transport of the fuel
could be made safer by limiting the payload on each flight to say 35%
of the aircraft weight so there won't be problems with takeoff and
landing''. Another commenter proposed that Alaska fuel hauling be
limited to aircraft having a maximum certificated takeoff weight
(``MTOW'') of 20,000 lb or less. The FAA does not agree with setting an
arbitrary maximum weight limit for this special purpose, nor does the
FAA see a need to operate below the certificated capabilities of the
aircraft. To provide for safe operations, each aircraft used to
transport fuel will be required to receive FAA certification for the
purpose of fuel hauling. During certification the airplane payload and
performance limits will be specified as part of the certification
process. All aircraft must be operated within their certificated weight
and balance limitations, and airfield performance limitations. No
overweight operations will be permitted.
One commenter suggested that the special purpose of fuel hauling be
expanded to include operations outside the State of Alaska, while
another commenter requested that the proposal be strictly limited to
operations conducted solely within the state. The FAA will limit this
proposed special purpose to operations in the State of Alaska only.
Alaska has a unique dependence on aviation for delivery of essential
supplies to remote villages that are not serviced by roads or rail.
Most of these villages are served by airports with runways less than
3,000 feet long. The remoteness and limited transportation
infrastructure means that air transportation of fuel is the only method
to deliver fuel to these areas during many times of the year.
One commenter requested that the FAA confirm that restricted
category aircraft certificated for the special purpose of Alaskan fuel
hauling would be permitted to conduct these operations in view of the
provisions of Sec. 91.313, which provides the operating limitations
for aircraft certificated in restricted category. Section 91.313(a)
states that no person may operate a restricted category civil aircraft
for any purpose other than the special purpose for which it is
certificated. Section 91.313(c) states that a restricted category
aircraft cannot be used to carry persons or property for compensation
or hire. However, this paragraph goes on to say that for the purposes
of Sec. 91.313(c) the definition of ``for compensation or hire''
changes if the special purpose requires the carriage of material
necessary for that special purpose. Then carriage of that material is
not considered carriage ``for compensation or hire'', but only in
regards to the limitations in Sec. 91.313(c). For example, an airplane
with a restricted category airworthiness certificate for the special
purpose of Alaska fuel hauling may carry fuel for commercial gain.
However, the operation must comply with 14 CFR part 119, which
addresses commercial operations. Since Alaskan fuel hauling does not
meet any of the exclusions in 14 CFR part 119, the operation would need
to meet the requirements of 14 CFR part 135 or part 121. Operational
approval for Alaskan fuel hauling must be obtained from FAA Flight
Standards Service in accordance with the operating regulations.
The special purpose of Alaskan fuel hauling was considered for
aircraft type-certificated under Sec. 21.25(a)(1). This limitation
will result in a higher level of safety than surplus military aircraft
type-certificated under Sec. 21.25(a)(2). Compliance with 14 CFR part
36 noise requirements is required for this special purpose. The fuel
hauling system must be shown to meet the applicable airworthiness
regulations as required by Sec. Sec. 21.25(a)(1), and 21.101 if
appropriate. Upon approval of the fuel hauling configuration of an
aircraft for Alaskan fuel hauling, the operator must obtain an
airworthiness certificate for the new special purpose.
Accordingly, the Aircraft Engineering Division hereby specifies,
under authority delegated by the Administrator, that Alaskan fuel
hauling is a restricted category special purpose flight operation under
the provisions of Sec. 21.25(b)(7). This approval is limited to
aircraft type-certificated under Sec. 21.25(a)(1). This action will
enable bulk fuel to be carried to isolated individuals and locations
(such as villages, towns, and mining facilities) in the State of
Alaska, during times when other methods are impractical.
Issued in Washington, DC, on June 29, 2012.
David W. Hempe,
Manager, Aircraft Engineering Division, Aircraft Certification Service.
[FR Doc. 2012-18557 Filed 8-1-12; 8:45 am]
BILLING CODE 4910-13-P
