[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Notices]
[Page 61811-61815]
[DOCID:fr19oc06-138]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54595; File No. SR-Amex-2006-78]

 Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of a Proposed Rule Change and Amendment No. 1 Thereto
Relating to Generic Listing Standards for Series of Portfolio
Depositary Receipts and Index Fund Shares Based On International or
Global Indexes

October 12, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on August 18, 2006, the American Stock Exchange LLC
(``Amex'' or ``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
Exchange. On October 12, 2006, submitted Amendment No. 1 to the
proposal.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240. 19b-4.
    \3\ In Amendment No. 1, Amex revised the proposed rule text and
clarified certain aspects of its proposal.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise Amex Rules 1000 and 1000A to
include generic listing standards for series of portfolio depositary
receipts (``PDRs'') and index fund shares (``IFSs'') that are based on
international or global indexes or on indexes. Additionally, the
Exchange proposes to revise Amex Rules 1000 and 1000A to include
generic listing standards for PDRs and IFSs that are based on indexes
or portfolios previously approved by the Commission as an underlying
benchmark for the trading of PDRs, IFSs, options or other specified
index-based securities. The Amex also proposes to make minor changes to
Amex Rules 1000, 1002, 1000A and 1002A.
    The text of the proposed rule change is available on the Amex's Web
site (http://www.amex.com), at Amex's principal office, and at the

Commission's Public Reference Room. The text of Exhibit 5 to the
proposed rule change is also available on the Commission's Web site
(http://www.sec.gov/rules/sro.shtml).

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 Amex included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Amex has prepared summaries, set forth in sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to revise Commentary .03 to Rule 1000 and
Commentary .02 to Rule 1000A to include generic listing standards for
series of PDRs and IFSs (PDRs and IFSs together referred to as
``exchange-traded funds'' or ``ETFs'') that are based on international
or global indexes, or on indexes previously approved by the Commission
under Section 19(b)(2) of the Exchange Act for the trading of ETFs,
options or other index-based securities. This proposal will enable the
Exchange to list and trade exchange-traded funds pursuant to Rule 19b-
4(e) \4\ of the Exchange Act if each of the conditions set forth in
Commentary .03 to Rule 1000 or Commentary .02 to Rule 1000A is
satisfied. Rule 19b-4(e) provides that the listing and trading of a new
derivative securities product by a self-regulatory organization
(``SRO'') shall not be deemed a proposed rule change, pursuant to
paragraph (c)(1) of Rule 19b-4, if the Commission has approved,
pursuant to Section 19(b) of the Exchange Act, the SRO's trading rules,
procedures and listing standards for the product class that would
include the new derivatives securities product, and the SRO has a
surveillance program for the product class.\5\
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    \4\ 17 CFR 240.19b-4(e).
    \5\ When relying on Rule 19b-4(e), the SRO must submit Form 19b-
4(e) to the Commission within five business days after the SRO
begins trading the new derivative securities products. See
Securities Exchange Act Release No. 40761 (December 8, 1998), 63 FR
70952 (December 22, 1998).
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Exchange-Traded Funds
    Amex Rules 1000 et seq. allow for the listing and trading on the
Exchange of PDRs. PDRs represent interests in a unit investment trust
registered under the Investment Company Act of 1940 \6\ (``1940 Act'')
that operates on an open-end basis and that holds the securities that
comprise an index or portfolio. Amex Rules 1000A et seq. provide
standards for the listing and trading of IFSs, which are securities
issued by an open-end management investment company (open-end mutual
fund) based on a portfolio of stocks or fixed income securities that
seeks to provide investment results that correspond generally to the
price and yield performance of a specified foreign or domestic stock
index or fixed income securities index. Pursuant to Rules 1000 et seq.
and 1000A et seq., PDRs and IFSs must be issued in a specified
aggregate minimum number in return for a deposit of specified
securities and/or a cash amount, with a value equal to the next
determined net asset value. When aggregated in the same specified
minimum number, PDRs and IFSs must be redeemed by the issuer for the
securities and/or cash, with a value equal to the next determined net
asset value. The net asset value is calculated once a day after the
close of the regular trading day.
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    \6\ 15 U.S.C. 80a.
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    To meet the investment objective of providing investment returns
that correspond to the price, dividend and yield performance of the
underlying index, ETFs may use a ``replication'' strategy or a
``representative sampling'' strategy with respect to the ETF
portfolio.\7\ An ETF, using a replication strategy, will invest in each
stock found in the underlying index in about the same proportion as
that stock is represented in the index itself. An ETF, using a
representative sampling strategy, will generally invest in a
significant number of the component securities of the underlying index,
but it may not invest in all of the component securities of its
underlying index and will hold stocks that, in the aggregate, are
intended to approximate the full index in terms of key characteristics,
such as

price/earnings ratio, earnings growth, and dividend yield.
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    \7\ In either case, many ETFs, by their terms, may be considered
invested in the securities of the underlying index to the extent the
ETFs invest in sponsored American Depositary Receipts (``ADRs''),
Global Depositary Receipts (``GDRs''), or European Depositary
Receipts (``EDRs'') representing securities in the underlying index
that trade on an exchange with last sale reporting.
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    In addition, ETF portfolios may be adjusted in accordance with
changes in the composition of the underlying indexes or to maintain
compliance with requirements applicable to a regulated investment
company under the Internal Revenue Code (``IRC'').\8\
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    \8\ In order for an ETF to qualify for tax treatment as a
regulated investment company, it must meet several requirements
under the IRC. Among these is the requirement that, at the close of
each quarter of the ETF's taxable year, (i) at least 50% of the
market value of the ETF's total assets must be represented by cash
items, U.S. government securities, securities of other regulated
investment companies and other securities, with such other
securities limited for purposes of this calculation in respect of
any one issuer to an amount not greater than 5% of the value if the
ETF's assets and not greater than 10% of the outstanding voting
securities of such issuer, and (ii) not more than 25% of the value
of its total assets may be invested in the securities of any one
issuer, or two or more issuers that are controlled by the ETF
(within the meaning of Section 851 (b)(4)(B) of the IRC) and that
are engaged in the same or similar trades or businesses or related
trades or business (other than U.S. government securities or the
securities of other regulated investment companies).
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Generic Listing Standards for Exchange-Traded Funds
    The Exchange notes that the Commission has previously approved
generic listing standards pursuant to Rule 19b-4(e) \9\ of the Exchange
Act for ETFs based on indexes that consist of stocks listed on U.S.
exchanges.\10\ In general, the proposed criteria for the underlying
component securities in the international and global indexes are
similar to those for the domestic indexes, but with modifications as
appropriate for the issues and risks associated with non-U.S.
securities.
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    \9\ 17 CFR 240.19b-4(e).
    \10\ See Commentary .03 to Amex Rule 1000 and Commentary .02 to
Amex Rule 1000A. See also Securities Exchange Act Release No. 42787
(May 15, 2000), 65 FR 33598 (May 24, 2000).
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    In addition, the Commission has previously approved the listing and
trading of ETFs based on international indexes--those based on non-U.S.
component stocks--as well as global indexes--those based on non-U.S.
and U.S. component stocks.\11\
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    \11\ See, e.g., Securities Exchange Act Release Nos. 50189
(August 12, 2004), 69 FR 51723 (August 20, 2004) (approving the
listing and trading of certain Vanguard International Equity Index
Funds); 44700 (August 14, 2001), 66 FR 43927 (August 21, 2001)
(approving the listing and trading of series of the iShares Trust
based on certain S&P global indexes).
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    The Exchange notes that the Commission has also approved listing
standards for other index-based derivatives that permit the listing and
trading pursuant to Rule 19b-4(e) \12\ of such securities where the
Commission had previously approved the trading of specified index-based
derivatives on the same index, on the condition that all of the
standards set forth in those orders, in particular with respect to
surveillance sharing agreements, continued to be satisfied.\13\
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    \12\ 17 CFR 240.19b-4(e).
    \13\ See Amex Company Guide Section 107D (Index-Linked
Securities), Securities Exchange Act Release No. 51563 (April 15,
2005), 70 FR 21257 (April 25, 2005).
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    In approving ETFs for Exchange trading, the Exchange states that
the Commission thoroughly considered the structure of the ETFs, their
usefulness to investors and to the markets, and Amex rules that govern
their trading. The Exchange believes that adopting additional generic
listing standards for these ETFs based on international and global
indexes and applying Rule 19b-4(e) \14\ should fulfill the intended
objective of that Rule by allowing those ETFs that satisfy the proposed
generic listing standards to commence trading, without the need for the
public comment period and Commission approval. The proposed rules have
the potential to reduce the time frame for bringing ETFs to market,
thereby reducing the burdens on issuers and other market participants.
The failure of a particular ETF to comply with the proposed generic
listing standards under Rule 19b-4(e) \15\ would not, however, preclude
the Exchange from submitting a separate filing pursuant to Section
19(b)(2),\16\ requesting Commission approval to list and trade a
particular ETF.
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    \14\ 17 CFR 240.19b-4(e).
    \15\ 17 CFR 240.19b-4(e).
    \16\ 15 U.S.C. 78s(b)(2).
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Requirements for Listing and Trading ETFs Based on International and
Global Indexes
    The Exchange states that exchange-traded funds listed pursuant to
these generic standards for international and global indexes would be
traded, in all other respects, under the Exchange's existing trading
rules and procedures that apply to ETFs and would be covered under the
Exchange's surveillance program for ETFs.\17\
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    \17\ See Amex Rules 1000 through 1006 and 1000A through 1005A.
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    In order to list a PDR or an IFS pursuant to the proposed generic
listing standards for international or global indexes, the index
underlying the PDR or IFS must satisfy all the conditions contained in
proposed Commentary .03 to Rule 1000 (for PDRs) or proposed Commentary
.02 to Rule 1000A (for IFSs). As with the existing generic standards
for ETFs based on domestic indexes, the Exchange states that these
generic listing standards are intended to ensure that stocks with
substantial market capitalization and trading volume account for a
substantial portion of the weight of an index or portfolio. While the
standards in this proposal are based on the standards contained in the
current generic listing standards for ETFs based on domestic indexes,
they have been adapted as appropriate to apply to international and
global indexes.
    As proposed, the definition section of each of Rule 1000 and Rule
1000A--section (b)--would be revised to include definitions of US
Component Stock and Non-US Component Stock. These new definitions would
provide the basis for the standards for indexes with either domestic or
international stocks, or a combination of both. A ``Non-US Component
Stock'' would mean an equity security issued by an entity that (a) is
not organized, domiciled or incorporated in the United States; (b) is
not registered under Sections 12(b) or 12(g) of the Exchange Act; and
(c) is an operating company (including Real Estate Investment Trusts
(REITS) and income trusts, but excluding investment trusts, unit
trusts, mutual funds, and derivatives). This definition is designed to
create a category of component stocks that are issued by companies that
are not based in the U.S., but that also are not subject to oversight
through Commission registration, and would include sponsored GDRs and
EDRs. This definition would appear in new subsection (4) of Rule
1000(b) and new subsection (5) of Rule 1000A(b). A ``US Component
Stock'' would mean an equity security that is registered under Sections
12(b) or 12(g) of the Exchange Act, which would include an equity
security registered under Section 12(b) or 12(g) of the Exchange Act
underlying ADRs.
    Equity securities underlying ADRs that are registered pursuant to
the Exchange Act are considered US Component Stocks because the issuers
of those securities are subject to Commission jurisdiction and must
comply with Commission rules. This definition would appear in new
subsection (3) of Rule 1000(b) and new subsection (4) of Rule 1000A(b).
    The Exchange proposes that in order to list a PDR or an IFS based
on an international or global index pursuant to the generic standards,
the index must meet the following criteria:
     Component stocks that in the aggregate account for at
least 90% of the weight of the index or portfolio shall have a minimum
worldwide market value of at least $100 million (Rule 1000, Commentary
.03(a)(B)(1) and Rule 1000A, Commentary .02(a)(B)(1));

     Component stocks representing at least 90% of the weight
of the index or portfolio shall have a minimum monthly worldwide
trading volume during each of the last six months of at least 250,000
shares (Rule 1000, Commentary .03(a)(B)(2) and Rule 1000A, Commentary
.02(a)(B)(2));
     The most heavily weighted component stock may not exceed
25% of the weight of the index or portfolio and the five most heavily
weighted component stocks may not exceed 60% of the weight of the index
or portfolio (Rule 1000, Commentary .03(a)(B)(3) and Rule 1000A,
Commentary .02(a)(B)(3));
     The index or portfolio shall include a minimum of 20
component stocks (Rule 1000, Commentary .03(a)(B)(4) and Rule 1000A,
Commentary .02(a)(B)(4)); and
     Each U.S. Component Stock in the index or portfolio shall
be listed on a national securities exchange and shall be an NMS Stock
as defined in Rule 600 of Regulation NMS under the Exchange Act, and
each Non-US Component Stock in the index or portfolio shall be listed
on an exchange that has last-sale reporting (Rule 1000, Commentary
.03(a)(B)(5) and Rule 1000A, Commentary .02(a)(B)(5)).
    The Exchange believes that these proposed standards are reasonable
for international and global indexes, and, when applied in conjunction
with the other listing requirements, will result in ETFs that are
sufficiently broad-based in scope and not readily susceptible to
manipulation. The Exchange also believes that the proposed standards
will result in ETFs that are adequately diversified in weighting for
any single security or small group of securities to significantly
reduce concerns that trading in the ETFs based on international or
global indexes could become a surrogate for trading in unregistered
securities.
    The Exchange further notes that, while these standards are similar
to those for indexes that include only U.S. Component Stocks, they
differ in certain important respects and are generally more
restrictive, reflecting greater concerns over diversification with
respect to ETFs investing in components that are not individually
registered with the Commission. First, in the proposed standards,
component stocks that in the aggregate account for at least 90% of the
weight of the index or portfolio shall have a minimum market value of
at least $100 million, compared to a minimum market value of at least
$75 million for indexes with only U.S. Component Stocks.\18\ Second, in
the proposed standards, the most heavily weighted component stock
cannot exceed 25% of the weight of the index or portfolio, in contrast
to a 30% standard for an index or portfolio comprised of only U.S.
Component Stocks. Third, in the proposed standards, the five most
heavily weighted component stocks shall not exceed 60% of the weight of
the index or portfolio, compared to a 65% standard for indexes
comprised of only U.S. Component Stocks. Fourth, the minimum number of
stocks in the proposed standards is 20, in contrast to a minimum of 13
in the standards for an index or portfolio with only U.S. Component
Stocks. Finally, the proposed standards require that each Non-US
Component Stock included in the index or portfolio be listed and traded
on an exchange that has last-sale reporting.
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    \18\ The Exchange states that ``market value'' is calculated by
multiplying the total shares outstanding by the price per share of
the component stock.
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    The Exchange also proposes to modify Commentary .03(b)(iii) to Rule
1000 and Commentary .02(b)(iii) to Rule 1000A to require that the index
value for ETFs listed pursuant to the proposed standards for
international and global indexes be widely disseminated by one or more
major market data vendors at least every 60 seconds during the time
when the ETF trades on the Exchange. If the index value does not change
during some or all of the period when trading is occurring on the
Exchange, the last official calculated index value must remain
available throughout Exchange trading hours. In contrast, index values
for ETFs listed pursuant to the existing standards for domestic indexes
must be disseminated at least every 15 seconds during the trading day.
This modification reflects limitations, in some instances, on the
frequency of intra-day trading information with respect to Non-US
Component Stocks and that in many cases, trading hours for overseas
markets overlap only in part, or not at all, with Exchange trading
hours. In addition, Commentary .03(c) to Rule 1000 and Commentary
.02(c) to Rule 1000A are being modified to define the term ``Indicative
Intraday Value'' as the estimate that is updated every 15 seconds of
the value of a share of each ETF, for ease of reference in these rules
and also in Rules 1002 and 1002A regarding continued listing standards.
The Exchange also proposes to clarify in Commentary .03(c) to Rule 1000
and Commentary .02(c) to Rule 1000A that the Intraday Indicative Value
will be updated during the hours the ETF shares trade on the Exchange
to reflect changes in the exchange rate between the U.S. dollar and the
currency in which any component stock is denominated.
    The Exchange is also proposing to add a subsection (i) to
Commentary .03 to Rule 1000 and a subsection (j) to Commentary .02 to
Rule 1000A regarding the creation and redemption process for ETFs and
compliance with Federal securities laws for, in particular, ETFs listed
pursuant to the generic standards for international and global indexes.
These new subsections will apply to PDRs listed pursuant to Commentary
.03(a)(B) or (C) and for IFSs listed pursuant to Commentary .02(a)(B)
or (C). They will require that the statutory prospectus or the
application for exemption from provisions of the 1940 Act for the ETF
being listed pursuant to these new standards must state that the ETF
must comply with the Federal securities laws in accepting securities
for deposits and satisfying redemptions with redemption securities,
including that the securities accepted for deposits and the securities
used to satisfy redemption requests are sold in transactions that would
be exempt from registration under the Securities Act of 1933.\19\
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    \19\ 15 U.S.C. 77a et seq.
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    The Exchange states that the Commission has approved generic
standards providing for the listing pursuant to Rule 19b-4(e) \20\ of
other derivative products based on indexes previously approved by the
Commission under Section 19(b)(2) of the Exchange Act. The Exchange
proposes to include in the generic standards for the listing of PDRs
and IFSs, in new Commentary .03(a)(C) to Rule 1000 and Commentary
.02(a)(C) to Rule 1000A, indexes that have been approved by the
Commission as underlying benchmarks in connection with the listing of
options, PDRs, IFSs, Index-Linked Exchangeable Notes or Index-Linked
Securities. The Exchange believes that the application of this standard
to ETFs is appropriate because the underlying index will have been
subject to detailed and specific Commission review in the context of
the approval of listing of other derivatives. For example, Section 107D
(Index-Linked Securities) of the Amex Company Guide includes as one
element of the standards for listing Index-Linked Exchangeable Notes
pursuant to Rule 19b-4(e) \21\ the previous review and approval for
trading of options or other derivatives by the Commission under Section

19b(2) of the Exchange Act and rules thereunder.\22\
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    \20\ 17 CFR 240.19b-4(e).
    \21\ 17 CFR 240.19b-4(e).
    \22\ See supra note 5.
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    This new generic standard will be limited to stock indexes and will
require that each component stock be either (i) a U.S. Component Stock
that is listed on a national securities exchange and is an NMS Stock as
defined in Rule 600 of Regulation NMS under the Exchange Act or (ii) a
Non-US Component Stock that is listed and traded on an exchange that
has last-sale reporting.
    The Exchange is also proposing to include additional continued
listing standards relating to ETFs that substitute new indexes, either
in the instance where the value of the index or portfolio of securities
on which the ETF is based is no longer calculated or available, or in
the event that the ETF chooses to substitute a new index or portfolio
for the existing index or portfolio. In both instances, the Exchange
would commence delisting proceedings if the new index or portfolio does
not meet the requirements of and listing standards set forth in Rules
1000 et seq. or Rules 1000A et seq., as applicable. If, for example, an
ETF chose to substitute an index that did not meet any of the generic
listing standards for listing of ETFs pursuant to Rule 19b-4(e),\23\
then for continued listing, approval by the Commission of a separate
filing pursuant to Section 19(b)(2) \24\ to list and trade that ETF
would be required.
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    \23\ 17 CFR 240.19b-4(e).
    \24\ 15 U.S.C. 78s(b)(2).
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    The Exchange proposes to modify the initial and continued listing
standards relating to disseminated information to formalize in the
rules existing best practices for providing equal access to material
information about the value of ETFs. Pursuant to Rules 1002(a)(ii) and
1002A(a)(ii), prior to approving an ETF for listing, the Exchange will
obtain a representation from the ETF issuer that the net asset value
per share will be calculated daily and made available to all market
participants at the same time. Proposed Rules 1002(b)(ii) and
1002A(b)(ii) set out the trading halt parameters for ETFs. In
particular, the proposed rules specifically set out that if the
Intraday Indicative Value (as defined in Commentary .03 to Rule 1000
and Commentary .02 to Rule 1000A) or the index value applicable to that
series of ETFs is not being disseminated as required, the Exchange may
halt trading during the day in which the interruption to the
dissemination of the Intraday Indicative Value or the index value
occurs. If the interruption to the dissemination of the Intraday
Indicative Value or the index value persists past the trading day in
which it occurred, the Exchange will halt trading no later than the
beginning of the trading day following the interruption.
    The Exchange is proposing other minor and clarifying changes to
Rules 1000, 1002, 1000A and 1002A. The standards set out in Commentary
.03(a)(A) to Rule 1000 and Commentary .02(a)(A) to Rule 1000A are being
modified to make the wording of each requirement consistent; in
addition, standard (5) has been modified to reflect the adoption of
Regulation NMS.\25\ Proposed Commentary .03(b)(iv) to Rule 1000 and
Commentary .02(b)(iv) to Rule 1000A have been added reflect make sure
that entities that advise index providers or calculators and related
entities have in place procedures designed to prevent the use and
dissemination of material non-public information regarding the index
underlying the ETF.
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    \25\ 17 CFR 242.600 et seq. See also Securities Exchange Act
Release No. 51808 (June 9, 2005), 70 FR 37496 (June 29, 2005)
(``Regulation NMS Approval Order'').
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2. Statutory Basis
    The Exchange believes that the proposed rule change, as amended, is
consistent with Section 6 of the Exchange Act,\26\ in general, and
furthers the objectives of Section 6(b)(5) of the Exchange Act,\27\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
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    \26\ 15 U.S.C. 78f(b).
    \27\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition.

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

    The Exchange did not receive any written comments on the proposed
rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which Amex consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.
    The Commission is considering granting accelerated approval of the
proposed rule change, as amended, at the end of a 15-day comment
period.\28\
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    \28\ Amex has requested accelerated approval of this proposed
rule change, as amended, prior to the 30th day after the date of
publication of the notice of the filing thereof, following the
conclusion of a 15-day comment period.
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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, as amended, is consistent with the Exchange 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2006-78 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2006-78. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the

proposed rule change between the Commission and any person, other than
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. 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; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-Amex-2006-78 and should be submitted on or before November 3, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\29\
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    \29\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-17396 Filed 10-18-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Pages 55249-55252]
[FR Doc No: 2018-23687]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0585; Product Identifier 2018-NM-070-AD; Amendment
39-19481; AD 2018-22-08]
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 BD-700-1A10 and BD-700-1A11 airplanes. This AD
was prompted by reports that non-conforming FIREX squib wire harness
connectors may have been installed, which could result in FIREX squib
wire harness connectors being connected to the wrong FIREX bottle
connectors on affected aircraft. This AD requires a visual inspection
of the connections between the FIREX squib wire harness connectors and
FIREX bottle connectors, installation of split ring lanyards on the
FIREX squib wire harness connectors, and corrective actions if
necessary. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective December 10, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 10,
2018.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email [email protected]; internet http://www.bombardier.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0585.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0585; 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: John DeLuca, Aerospace Engineer,
Avionics and Electrical Systems Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7369; fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.,
Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the
Federal Register on July 6, 2018 (83 FR 31491). The NPRM was prompted
by reports that non-conforming FIREX squib wire harness connectors may
have been installed, which could result in FIREX squib wire harness
connectors being connected to the wrong FIREX bottle connectors on
affected aircraft. The NPRM proposed to require a visual inspection of
the connections between the FIREX squib wire harness connectors and
FIREX bottle connectors, installation of split ring lanyards on the
FIREX squib wire harness connectors, and corrective actions if
necessary.
    We are issuing this AD to address this wiring discrepancy, which,
in the event of an engine fire, could result in misrouting the supply
of fire extinguishing agent to the wrong engine, or limit the supply
from both FIREX bottles to only one engine, which could result in the
inability to extinguish an engine fire.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2018-08R1, dated March
2, 2018 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-
1A11 airplanes. The MCAI states:

Bombardier Inc. has been made aware that non-conforming squib
connector wire harnesses may have been installed on one of the two
engine FIREX bottle installations on some of the affected
aeroplanes. The subject non conformity of squib connector wire

length can allow cross connection between the two squib connectors
on one of the engine FIREX bottles, preventing proper function of
the engine FIREX system.
    In the event of an engine fire, this wiring discrepancy may
potentially misroute the supply of fire extinguishing agent to the
wrong engine, or limit the supply from both FIREX bottles to only
one engine, hence impacting the operational safety of the aeroplane.
    Bombardier Inc. issued service bulletins (SB) 700-26-011, 700-
26-5003, 700-26-6003, and 700-1A11-26-004, for the affected model
aeroplanes, to address the potentially unsafe condition caused by
the non-conforming FIREX bottle squib connector wiring.
    The original version of this [Canadian] AD was issued to mandate
compliance with the above-mentioned SBs, as applicable.
    Revision 1 of this [Canadian] AD is issued to correct an error
in the applicability section of the original AD.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0585.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Request To Refer to Revised Service Information

    Bombardier requested that the NPRM be updated to reference the
current revision of certain service information to avoid issuing an
Alternate Means of Compliance (AMOC) following the release of this AD.
Bombardier noted that four service bulletins referred to in the NPRM
have been revised. Bombardier stated that the latest revisions correct
a minor error in the original weight and balance section. Bombardier
also noted that a previous revision to the service information included
mention of the Canadian AD CF-2018-08R1, as well as a clarifying note
in the close-out instruction of the service information for operator
convenience and ease of use.
    We agree with the commenter's request. Because the revised service
information does not include any additional actions, we have updated
the preamble and figure 1 to paragraph (g) of this AD to refer to the
revised service information.
    Bombardier also requested that we revise the NPRM to include
previous revisions of the service information as credit for operators
who have already accomplished the required actions to avoid issuance of
AMOCs following the release of this AD.
    We agree with the commenter's request. Because the previous
revisions of the service information do not include any additional
actions, we have revised paragraph (h) of this AD to provide credit for
actions accomplished prior to the effective date of this AD using the
applicable Bombardier service information identified in paragraphs
(h)(1) through (h)(12) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. issued the following service information:
     Bombardier Service Bulletin 700-1A11-26-004, Revision 03,
dated August 24, 2018.
     Bombardier Service Bulletin 700-26-011, Revision 03, dated
August 24, 2018.
     Bombardier Service Bulletin 700-26-5003, Revision 03,
dated August 24, 2018.
     Bombardier Service Bulletin 700-26-6003, Revision 03,
dated August 24, 2018.
    This service information describes procedures for a visual
inspection of the connections between the FIREX squib wire harness
connectors and the FIREX bottle connectors to determine whether the
connectors are installed correctly, and installation of split ring
lanyards on the FIREX squib wire harness connectors. This service
information also describes procedures for reconnecting incorrectly
installed connectors to the appropriate mating connectors and an
operational test of the fire extinguishing system. These documents are
distinct since they apply to different airplane models in different
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.

Costs of Compliance

    We estimate that this AD affects 358 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection/Modification............  2 work-hours x $85 per hour             $55            $225         $80,550
                                      = $170.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service,

as authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-22-08 Bombardier, Inc.: Amendment 39-19481; Docket No. FAA-
2018-0585; Product Identifier 2018-NM-070-AD.

(a) Effective Date

    This AD is effective December 10, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers
9001 through 9839 inclusive, and serial number 9998.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire
protection.

(e) Reason

    This AD was prompted by reports that non-conforming FIREX squib
wire harness connectors may have been installed, which could result
in FIREX squib wire harness connectors being connected to the wrong
FIREX bottle connectors on affected aircraft. We are issuing this AD
to address this wiring discrepancy, which, in the event of an engine
fire, could result in misrouting the supply of fire extinguishing
agent to the wrong engine, or limit the supply from both FIREX
bottles to only one engine, which could result in the inability to
extinguish an engine fire.

(f) Compliance

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

(g) Required Actions

    Within 1,000 flight hours or 15 months, whichever occurs first,
after the effective date of this AD, perform a visual inspection for
correct connections between the FIREX squib wire harness connectors
and FIREX bottle connectors, and install split ring lanyards on the
FIREX squib wire harness connectors, in accordance with the
Accomplishment Instructions of the applicable service information
listed in figure 1 to paragraph (g) of this AD. If any incorrect
connections are found: Before further flight, re-connect the
connectors to the appropriate mating connecters and do an
operational test of the fire extinguishing system, in accordance
with the Accomplishment Instructions of the applicable service
information specified in figure 1 to paragraph (g) of this AD.
[GRAPHIC] [TIFF OMITTED] TR05NO18.000

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using the applicable service information listed in
paragraphs (h)(1) through (h)(12) of this AD.
    (1) Bombardier Service Bulletin 700-1A11-26-004, dated December
28, 2017.
    (2) Bombardier Service Bulletin 700-1A11-26-004, Revision 01,
dated February 15, 2018.
    (3) Bombardier Service Bulletin 700-1A11-26-004, Revision 02,
dated July 27, 2018.
    (4) Bombardier Service Bulletin 700-26-011, dated December 28,
2017.
    (5) Bombardier Service Bulletin 700-26-011, Revision 01, dated
February 15, 2018.
    (6) Bombardier Service Bulletin 700-26-011, Revision 02, dated
July 27, 2018.
    (7) Bombardier Service Bulletin 700-26-5003, dated December 28,
2017.

    (8) Bombardier Service Bulletin 700-26-5003, Revision 01, dated
February 15, 2018.
    (9) Bombardier Service Bulletin 700-26-5003, Revision 02, dated
July 27, 2018.
    (10) Bombardier Service Bulletin 700-26-6003, dated December 28,
2017.
    (11) Bombardier Service Bulletin 700-26-6003, Revision 01, dated
February 15, 2018.
    (12) Bombardier Service Bulletin 700-26-6003, Revision 02, dated
July 27, 2018.

(i) Other FAA AD Provisions

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

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2018-08R1, dated March 2, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0585.
    (2) For more information about this AD, contact John DeLuca,
Aerospace Engineer, Avionics and Electrical Systems Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
[email protected].

(k) 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 700-1A11-26-004, Revision 03,
dated August 24, 2018.
    (ii) Bombardier Service Bulletin 700-26-011, Revision 03, dated
August 24, 2018.
    (iii) Bombardier Service Bulletin 700-26-5003, Revision 03,
dated August 24, 2018.
    (iv) Bombardier Service Bulletin 700-26-6003, Revision 03, dated
August 24, 2018.
    (3) 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; email [email protected]; internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 22, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-23687 Filed 11-2-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41030-41031]
[FR Doc No: 2015-17220]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-524-000]

Florida Gas Transmission Company, LLC; Notice of Request Under
Blanket Authorization

    Take notice that on June 29, 2015, Florida Gas Transmission
Company, LLC (FGT), 1300 Main St., Houston, Texas 77002, filed in
Docket No. CP15-524-000, a prior notice request pursuant to sections
157.205, 157.208(b)/(c), and 157.211(b) of the Commission's regulations
under the Natural Gas Act (NGA). FGT seeks authorization to construct,
own and operate a new bi-directional measurement and regulation station
and an interconnection with Gulfstream Natural Gas System, LLC, located
in Martin County, Florida. FGT proposes to perform these activities
under its blanket certificate issued in Docket No. CP82-553-000 [21
FERC ] 62,235 (1982)], all as more fully set forth in the application
which is on file with the Commission and open to public inspection.
    The filing may be viewed on the web at http://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. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Stephen Veatch, Senior Director of Certificates, Florida Gas
Transmission Company, LLC, 1300 Main St., Houston, Texas, 77002, or by
calling<PHONE_NUMBER> (telephone) or<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>    Any person or the Commission's Staff may, within 60 days after the
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and, pursuant to section 157.205 of
the Commission's Regulations under the NGA (18 CFR 157.205) a protest
to the request. If no protest is filed within the time allowed
therefore, 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 shall be treated as an
application for authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) 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 EA for this
proposal. The filing of the 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.
    Persons who wish to comment only on the environmental review of
this

project should submit an original and two copies of their comments to
the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit an original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.

    Dated: July 8, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-17220 Filed 7-13-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Pages 51104-51105]
[FR Doc No: 2012-20752]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0165]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Transecurity LLC (Transecurity)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from
Transecurity LLC to allow the placement of an onboard safety monitoring
system (OBMS) at the bottom of windshields on commercial motor vehicles
(CMVs). The Federal Motor Carrier Safety Regulations (FMCSRs) currently
require antennas, transponders, and similar devices to be located not
more than 6 inches below the upper edge of the windshield, outside the
area swept by the windshield wipers, and outside the driver's sight
lines to the road and highway signs and signals. Transecurity is
coordinating device development and the installation of camera-based
monitoring systems for FMCSA in up to 500 CMVs. The exemption would
enable motor carriers to participate in a field operation test to
evaluate the system and allow for on-road data collection. Transecurity
believes this mounting position would maintain a level of safety that
is equivalent to or greater than the level of safety achieved without
the exemption.

DATES: Comments must be received on or before September 24, 2012.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2011-0165 by any of the following
methods:
     Web Site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19476) or you may visit http://www.regulations.gov.
    Public participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site and also at
the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard or print the acknowledgement page that
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the FMCSRs. On August 20, 2004, FMCSA published a final rule
implementing section 4007 (69 FR 51589). Under this rule, FMCSA must
publish a notice of each exemption request in the Federal Register (49
CFR 381.315(a)). The Agency must provide the public with an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49

CFR 381.315(b)). If the Agency denies the request, it must state the
reason for doing so. If the decision is to grant the exemption, the
notice must specify the person or class of persons receiving the
exemption and the regulatory provision or provisions from which an
exemption is granted. The notice must also specify the effective period
of the exemption (up to 2 years) and explain the terms and conditions
of the exemption. The exemption may be renewed (49 CFR 381.315(c) and
49 CFR 381.300(b)).

Transecurity's Application for Exemption

    Transecurity has applied for an exemption from 49 CFR 393.60(e)(1)
to allow the installation of the camera-based OBMS at the bottom of the
windshield on CMVs. A copy of the application is included in the docket
referenced at the beginning of this notice.
    Section 393.60(e)(1) of the FMCSRs prohibits the obstruction of the
driver's field of view by devices mounted at the top of the windshield.
Antennas, transponders and similar devices (devices) must not be
mounted more than 152 mm (6 inches) below the upper edge of the
windshield. These devices must be located outside the area swept by the
windshield wipers and outside the driver's sight lines to the road and
highway signs and signals.
    Transecurity has applied for the exemption because it wants to
install the camera- based OBMS equipment in up to 500 CMVs operating
throughout the United States in support of research being conducted on
behalf of FMCSA. Transecurity contends that it must be able to mount
the camera-based OBMSs lower than allowed under 49 CFR 393.60(e)(1)
``because the safety equipment must have a clear forward facing view of
the road, and low enough to accurately scan facial features for
detection of impaired driving.'' Transecurity's mounting preference for
the camera-based OBMS and necessary mounting brackets is at the bottom
of the windshield, and is best suited for mounting within and/or below
3 inches of the bottom of the windshield wiper sweep, and out of the
driver's sightlines to the road and highway signs and signals, to the
extent practicable.

FMCSA Grant of Waiver to Transecurity

    Pursuant to 49 U.S.C. 31315(a) and 49 CFR part 381, subpart B, the
FMCSA granted Transecurity a 90-day waiver on July 23, 2012 to allow
the placement of the OBMS at the bottom of windshields on CMVs, outside
of the area permitted by Sec.  393.60 of the FMCSRs. This waiver is
effective from July 24, 2012, through October 23, 2012. Up to 500 OBMS
will be installed, and the affected motor carriers are listed as below:
    1. DOT  90792; Eagle Transport Corporation--Florida.
    2. DOT  252234; Holiday Tours Inc.--Randleman, NC.
    3. DOT  16377; H&W Trucking Co. Inc.--Mt. Airy, NC.
    4. DOT  348258; Associated Grocers--Baton Rouge, LA.
    5. DOT  2222676; AM Express Inc.--Escanaba, MI.
    During the waiver period, these motor carriers participating in the
FMCSA research field operation test must ensure that the OBMS is
mounted within 3 inches of the bottom of the driver side windshield
wiper sweep, and out of the driver's sightlines to the road and highway
signs and signals as much as practicable. Vehicles participating in the
study must carry a copy of this waiver in the vehicle.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on Transecurity's
application for an exemption from 49 CFR 393.60(e)(1). All comments
received before the close of business on the comment closing date
indicated at the beginning of this notice will be considered and will
be available for examination in the docket at the location listed under
the ``Addresses'' section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.

    Issued on: August 16, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-20752 Filed 8-22-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Notices]
[Pages 16079-16080]
[FR Doc No: 2015-06902]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2015-0084]

Reports, Forms, and RecordKeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Request for public comment on proposed collection of
information.

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

SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections. This
document describes one collection of information for which NHTSA
intends to seek OMB approval.

DATES: Comments must be received on or before May 26, 2015.

ADDRESSES: You may submit comments identified by docket number at the
heading of this notice by any of the following methods:
     Web site: http://www.regulations.gov. Follow the
instructions for submitting comments on the electronic docket site by
clicking on ``Help and Information'' or ``Help/Info.''
     Fax: 1-202-493-2251.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590.
     Hand Delivery: 1200 New Jersey Avenue SE., West Building
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Instructions: All submissions must include the agency name and
docket number. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. Please see the Privacy Act discussion below. We
will consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, we will
also consider comments filed after the closing date.
    Docket: For access to the docket to read comments received, go to
http://www.regulations.gov at any time or to 1200 New Jersey Avenue
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
Holidays. Telephone:<PHONE_NUMBER>.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.dot.gov/privacy.html.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Wayne McKenzie, Office of Crash
Avoidance Standards (NVS-121), National Highway Traffic Safety
Administration, West Building W43-462, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Mr. McKenzie can be reached at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulations (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submissions of responses.
    In compliance with these requirements, NHTSA asks public comment on
the following proposed collection of information:
    Title: 49 CFR Section 571.108, Compliance Labeling of
Retroreflective Materials Heavy Trailer Conspicuity.
    Type of Request: Extension of a currently approved collection.
    OMB Control Number: 2127-0569.
    Affected Public: Businesses or other for profit organizations.
    Abstract: Federal Motor Vehicle Safety Standard No. 108, ``Lamps,
reflective devices, and associated equipment,'' specifies requirements
for vehicle lighting for the purposes of reducing traffic accidents and
their tragic results by providing adequate roadway illumination,
improved vehicle conspicuity, appropriate information transmission
through signal lamps, in both day, night, and other conditions of
reduced visibility. For certifications and identification purposes, the
Standard requires the permanent marking of the letters ``DOT-C2,'' DOT-
C3'', or DOT-C4'' at least 3mm high at regular intervals on
retroreflective sheeting material having adequate performance to
provide effective trailer conspicuity.
    The manufacturers of new tractors and trailers are required to
certify that their products are equipped with retroreflective material
complying with the requirements of the standard. The Federal Motor
Carriers Safety Administration (FMCSA) enforces this and other
standards through roadside inspections of trucks. There is no practical
field test for the performance requirements, and labeling is the only
objective way of distinguishing trailer conspicuity grade material from
lower performance material. Without labeling, FMCSA will not be able to
enforce the performance requirements of the standard and the compliance
testing of new tractors and trailers will be complicated. Labeling is
also important to small trailer manufacturers because it may help them
certify compliance. Because wider stripes or material of lower
brightness also can provide the minimum safety performance, the marking
system serves the additional role of identifying the minimum stripe
width required for retroreflective conspicuity of the particular
material.
    Estimated Annual Burden: 1 hours.

    Number of respondents: 6.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-06902 Filed 3-25-15; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: June 26, 2008 (Volume 73, Number 124)]
[Rules and Regulations]
[Page 36270-36271]
[DOCID:fr26jn08-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0162; Airspace Docket No. 08-AEA-15]

Establishment of Class E Airspace; Sunbury, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, confirmation of effective date.

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

SUMMARY: This action confirms the effective date of a direct final rule
published in the Federal Register (73 FR 14677) that establishes Class
E Airspace at Sunbury, PA to support a new Area Navigation (RNAV)
Global Positioning System (GPS) Special Instrument Approach Procedure
(IAP) that has been developed for medical flight operations into the
Sunbury Community Hospital Airport.

DATES: Effective 0901 UTC, September 25, 2008. The Director of the
Federal Register approves this incorporation by

reference action under title 1, Code of Federal Regulations, part 51,
subject to the annual revision of FAA Order 7400.9 and publication of
conforming amendments.

FOR FURTHER INFORMATION CONTACT: Daryl Daniels, Airspace Specialist,
System Support Group, Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404)
305-5581.

SUPPLEMENTARY INFORMATION:

Confirmation of Effective Date

    The FAA published this direct final rule with a request for
comments in the Federal Register on March 19, 2008 (73 FR 14677),
Docket No. FAA-2008-0162; Airspace Docket No. 08-AEA-15. The FAA uses
the direct final rulemaking procedure for a non-controversial rule
where the FAA believes that there will be no adverse public comment.
This direct final rule advised the public that no adverse comments were
anticipated, and that unless a written adverse comment or a written
notice of intent to submit such an adverse comment, were received
within the comment period, the regulation would become effective on
September 25, 2008. No adverse comments were received, and thus this
notice confirms that effective date.

    Issued in College Park, Georgia, on June 4, 2008.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organizations.
[FR Doc. E8-14163 Filed 6-25-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 13982-13985]
[FR Doc No: 2021-05151]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1131; Project Identifier MCAI-2020-00613-R;
Amendment 39-21445; AD 2021-05-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3,
AS350C, and AS350D helicopters; Model AS355E, AS355F, AS355F1, AS355F2,
AS355N, and AS355NP helicopters; and Model EC130B4 and EC130T2
helicopters. This AD was prompted by a report of failed main rotor hub-
to-mast attachment screws. This AD requires determining whether the
helicopter has been operated in a severe environment since the last
inspection of the main rotor hub-to-mast attachment screws, an
inspection of the main rotor hub-to-mast attachment screws if the
helicopter has been operated in a severe environment, and replacement
of the main rotor hub-to-mast attachment screws if necessary, as
specified in a European Aviation Safety Agency (now European Union
Aviation Safety Agency) (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective April 16, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 16,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
phone: +49 221 8999 000; email<EMAIL_ADDRESS>internet:
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this material at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1131.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1131; 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 final rule, any comments received, and other information. The
address for Docket Operations is 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: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, FAA, 470 L'Enfant Plaza SW, Washington, DC
20024; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2017-0032, dated February 17, 2017;
corrected February 20, 2017 (EASA AD 2017-0032) (also referred to as
the

Mandatory Continuing Airworthiness Information, or the MCAI), to
correct an unsafe condition for all Airbus Helicopters Model AS 350 B,
AS 350 BA, AS 350 BB, AS 350 B1, AS 350 B2, AS 350 B3, and AS 350 D
helicopters; AS 355 E, AS 355 F, AS 355 F1, AS 355 F2, AS 355 N, and AS
355 NP helicopters; and EC 130 B4 and EC 130 T2 helicopters. Model AS
350 BB helicopters are not certificated by the FAA and are not included
on the U.S. type certificate data sheet; this AD therefore does not
include those helicopters in the applicability. This AD also applies to
Airbus Helicopter Model AS 350C helicopters because these helicopters
have a similar design and are included on the U.S. type certificate
data sheet.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus Helicopters
Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, and AS350D
helicopters; Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and
AS355NP helicopters; and Model EC130B4 and EC130T2 helicopters. The
NPRM published in the Federal Register on December 15, 2020 (85 FR
81157). The NPRM was prompted by a report of failed main rotor hub-to-
mast attachment screws. The NPRM proposed to require determining
whether the helicopter has been operated in a severe environment since
the last inspection of the main rotor hub-to-mast attachment screws, an
inspection of the main rotor hub-to-mast attachment screws if the
helicopter has been operated in a severe environment, and replacement
of the main rotor hub-to-mast attachment screws if necessary, as
specified in an EASA AD.
    The FAA is issuing this AD to address failed main rotor hub-to-mast
attachment screws, which could lead to disconnection of the main rotor
hub-to-mast attachment, possibly resulting in loss of control of the
helicopter. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comments
received. An individual indicated agreement with the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2017-0032 describes procedures for determining whether the
helicopter has been operated in a severe environment since the last
inspection of the main rotor hub-to-mast attachment screws, an
inspection of the main rotor hub-to-mast attachment screws for
corrosion and damage (damage includes cracks, dents, and bolt
distortion) if the helicopter was operated in a severe environment, and
replacement of the main rotor hub-to-mast attachment screws if
necessary. This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Differences Between This AD and the MCAI

    EASA AD 2017-0032 does not apply to Airbus Helicopter Model AS350C
helicopters, which are included on the U.S. type certificate data
sheet. However, this AD applies to Airbus Helicopter Model AS350C
helicopters because those helicopters have a similar design to the
helicopters identified in EASA AD 2017-0032.
    Where the service information specified in paragraph (3) of EASA AD
2017-0032 specifies to contact Airbus Helicopters if damage or
corrosion exceeds existing criteria, this AD requires replacing the
affected screws using a method approved by the Manager, International
Validation Branch, FAA.

Costs of Compliance

    The FAA estimates that this AD affects 1,220 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

           Estimated Costs for Required Determination of Helicopter Operation in a Severe Environment
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hours x $85 per hour = $85............................              $0              $85         $103,700
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it would take about 1 hour per product to
comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be
$103,700, or $85 per product.
    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. If a helicopter is determined to have been operated
in a severe environment, an inspection of the main rotor hub-to-mast
attachment screws will be required. If there is corrosion or damage to
any of the screws, replacement of the affected screws will be required.
The FAA has no way of determining the number of aircraft that might
need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....            $106             $446
------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Pkwy., Fort Worth, TX 76177-1524.

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

    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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

AD 2021-05-02 Airbus Helicopters: Amendment 39-21445; Docket No.
FAA-2020-1131; Project Identifier MCAI-2020-00613-R.

(a) Effective Date

    This airworthiness directive (AD) is effective April 16, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters, certificated in any
category, as identified in paragraphs (c)(1) through (3) of this AD.
    (1) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C,
and AS350D helicopters.
    (2) Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP
helicopters.
    (3) Model EC130B4 and EC130T2 helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6200, Main Rotor
System.

(e) Reason

    This AD was prompted by a report of failed main rotor hub-to-
mast attachment screws. The FAA is issuing this AD to address failed
main rotor hub-to-mast attachment screws, which could lead to
disconnection of the main rotor hub-to-mast attachment, possibly
resulting in loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Aviation Safety Agency (now European Union
Aviation Safety Agency) (EASA) AD 2017-0032, dated February 17,
2017; corrected February 20, 2017 (EASA AD 2017-0032).

(h) Exceptions to EASA AD 2017-0032

    (1) Where EASA AD 2017-0032 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2017-0032 does not apply
to this AD.
    (3) Paragraph (4) of EASA AD 2017-0032 specifies to report
inspection results to Airbus Helicopters within a certain compliance
time. For this AD, report inspection results at the applicable time
specified in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
    (4) Where EASA AD 2017-0032 refers to flight hours (FH), this AD
requires using hours time-in-service.
    (5) Where the service information specified in paragraph (3) of
EASA AD 2017-0032 specifies to contact Airbus Helicopters if damage
or corrosion exceeds existing criteria, for this AD, replace the
affected screws using a method approved by the Manager,
International Validation Branch, FAA. For a repair method to be
approved by the Manager, International Validation Branch, as
required by this paragraph, the Manager's approval letter must
specifically refer to this AD.
    (6) Although the service information referenced in EASA AD 2017-
0032 specifies to discard certain parts, this AD does not include
that requirement.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (j) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, FAA, 470 L'Enfant
Plaza SW, Washington, DC 20024; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>

(k) 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) European Aviation Safety Agency (EASA) AD 2017-0032, dated
February 17, 2017; corrected February 20, 2017.
    (ii) [Reserved]
    (3) For EASA AD 2017-0032, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
<EMAIL_ADDRESS>internet: www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-1131.
    (5) You may view this material 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_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 17, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-05151 Filed 3-11-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Notices]
[Page 34858]
[FR Doc No: 2018-15709]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4341-DR; Docket ID FEMA-2018-0001]

Seminole Tribe of Florida; Amendment No. 3 to Notice of a Major
Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
Seminole Tribe of Florida (FEMA-4341-DR), dated September 27, 2017, and
related determinations.

DATES: This amendment was issued July 12, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 12, 2018, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to Brock Long,
Administrator, Federal Emergency Management Agency, Department of
Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage to the Seminole Tribe of
Florida resulting from Hurricane Irma during the period of September
4 to October 4, 2017, is of sufficient severity and magnitude that
special cost sharing arrangements are warranted regarding Federal
funds provided under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act'').
    Therefore, I amend my declaration of September 27, 2017, to
authorize Federal funds for all categories of Public Assistance at
90 percent of total eligible costs, except for assistance previously
approved at 100 percent.
    This adjustment to State and local cost sharing applies only to
Public Assistance costs and direct Federal assistance eligible for
such adjustments under the law. The Robert T. Stafford Disaster
Relief and Emergency Assistance Act specifically prohibits a similar
adjustment for funds provided for Other Needs Assistance (Section
408) and the Hazard Mitigation Grant Program (Section 404). These
funds will continue to be reimbursed at 75 percent of total eligible
costs.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-15709 Filed 7-20-18; 8:45 am]
 BILLING CODE 9111-23-P