[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Proposed Rules]
[Pages 20086-20089]
[FR Doc No: 2021-07625]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0303; Project Identifier MCAI-2020-01367-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would require revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations, as specified in two European Union Aviation Safety Agency
(EASA) ADs, which are proposed for incorporation by reference. The FAA
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 1,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0303.

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-2021-
0303; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0303; Project Identifier
MCAI-2020-01367-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted

comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Kathleen Arrigotti, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0211, dated October 5, 2020
(EASA AD 2020-0211); and EASA AD 2021-0026, dated January 20, 2021
(EASA AD 2021-0026) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A350-941 and -1041 airplanes. EASA AD 2021-
0026 refers to Airbus A350 Airworthiness Limitations Section (ALS) Part
4, Variation 5.1, dated July 22, 2020. Airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued after July 22, 2020, must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this AD therefore
does not include those airplanes in the applicability.
    The FAA issued AD 2019-20-01, Amendment 39-19754 (84 FR 55495,
October 17, 2019) (AD 2019-20-01), to require, among other things,
repetitive greasing of certain thrust reverser actuators (TRAs). For
those TRAs identified as batch 02 in EASA AD 2018-0234R2, dated
September 17, 2019 (which is required by AD 2019-20-01), the repetitive
greasing task has since been incorporated into Airbus A350
Airworthiness Limitations Section (ALS), Part 4, Systems Equipment
Maintenance Requirements (SEMR), Revision 05 Issue 02, dated June 25,
2020, which is specified in EASA 2020-0211. Accomplishing the actions
in this proposed AD would therefore terminate the repetitive greasing
of batch 02 TRAs required by paragraph (g) of AD 2019-20-01.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address hazardous or catastrophic airplane system
failures. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0211 and EASA AD 2021-0026 describe new or more
restrictive airworthiness limitations for airplane systems and safe
life limits. These documents are distinct because they apply to
different airplane configurations. 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA has
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2020-0211 and EASA AD 2021-0026 described previously, as incorporated
by reference. Any differences with EASA AD 2020-0211 or EASA AD 2021-
0026 are identified as exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0211
and EASA AD 2021-0026 will be incorporated by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2020-0211 and EASA AD 2021-0026 in their entirety, through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Using common terms that are
the same as the heading of a particular section in the EASA ADs does
not mean that operators need comply only with that section. For
example, where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
the EASA AD.
    Service information specified in EASA AD 2020-0211 and EASA AD
2021-0026 that is required for compliance with EASA AD 2020-0211 or
EASA AD 2021-0026 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0303 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation

document. The airworthiness limitations must be followed according to
14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in the AMOCs paragraph under
``Other FAA Provisions.'' This new format includes a ``New Provisions
for Alternative Actions and Intervals'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 15 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2021-0303; Project Identifier MCAI-2020-
01367-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by June 1, 2021.

(b) Affected ADs

    This AD affects AD 2019-20-01, Amendment 39-19754 (84 FR 55495,
October 17, 2019) (AD 2019-20-01).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before July 22, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address hazardous or catastrophic airplane system
failures.

(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 Union Aviation Safety Agency (EASA) AD
2020-0211, dated October 5, 2020 (EASA AD 2020-0211), and EASA AD
2021-0026, dated January 20, 2021 (EASA AD 2021-0026). Where EASA AD
2021-0026 affects the same airworthiness limitations (task and life
limits) as those in EASA AD 2020-0211, the airworthiness limitations
in the service information referenced in EASA AD 2021-0026 prevail.

(h) Exceptions to EASA ADs 2020-0211 and 2021-0026

    (1) Where EASA AD 2020-0211 or EASA AD 2021-0026 refers to its
effective date, this AD requires using the effective date of this
AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA
ADs 2020-0211 and 2021-0026 do not apply to this AD.
    (3) Paragraph (3) of EASA ADs 2020-0211 and 2021-0026 specifies
revising ``the approved AMP'' within 12 months after its effective
date, but this AD requires revising the existing maintenance or
inspection program, as applicable, to incorporate the ``limitations,
tasks and associated thresholds and intervals'' specified in
paragraph (3) of EASA ADs 2020-0211 and 2021-0026 within 90 days
after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA ADs 2020-0211 and 2021-0026 is at the
applicable ``thresholds'' as incorporated by the requirements of in
paragraph (3) of EASA ADs 2020-0211 and 2021-0026, or within 90 days
after the effective date of this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0211 do not apply to this AD.
    (6) The provisions specified in paragraph (4) of EASA AD 2021-
0026 do not apply to this AD.
    (7) The ``Remarks'' section of EASA ADs 2020-0211 and 2021-0026
does not apply to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2020-0211 or EASA AD 2021-0026.

(j) Terminating Action for Certain Requirements of AD 2019-20-01

    Accomplishing the actions required by this AD terminates the
repetitive greasing task for batch 02 group of affected thrust
reverser actuators required by paragraph (g) of AD 2019-20-01.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (l)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>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 instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(l) Related Information

    (1) For information about EASA AD 2020-0211 and EASA AD 2021-
0026, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>Internet
www.easa.europa.eu. You may find these EASA ADs on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. 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-
2021-0303.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on April 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-07625 Filed 4-15-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61124-61125]
[FR Doc No: 2011-25352]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65408; File No. SR-FINRA-2011-049]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Relating to Aggregation of Activity of Affiliated
Members for Purposes of FINRA/Nasdaq TRF Fees and Credits

September 27, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 13, 2011, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as ``constituting a stated policy,
practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule'' under Section
19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend Rule 7630A (Aggregation of Activity of
Affiliated Members) relating to the pricing schedule for the FINRA/
NASDAQ Trade Reporting Facility (the ``FINRA/NASDAQ TRF'') under the
Rule 7600A Series.
    The text of the proposed rule change is available on FINRA's Web
site at http:/www.finra.org, at the principal office of FINRA, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, FINRA 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. FINRA 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Rule 7630A allows affiliated members to aggregate their activity
under certain provisions of the fee and credit schedule applicable to
the FINRA/NASDAQ TRF that make fees and credits dependent upon the
volume of their activity. For example, Rule 7620A caps fees for members
with a daily average number of media/executing party trades during the
month in excess of 2500. Affiliated members that might not qualify for
the cap by themselves may be able to qualify by aggregating their
activity.
    Under Rule 7630A, a member may request that the FINRA/NASDAQ TRF
aggregate its activity with the activity of its affiliates.\5\ The rule
defines an ``affiliate'' of the member as any wholly owned subsidiary,
parent or sister (as those terms are defined under the rule) of the
member that is also a member. Thus, the rule requires that one
affiliated member own 100% of the voting interests in the other, or
that they both be under the common control of a parent that owns 100%
of each. A member requesting aggregation of affiliate activity under
Rule 7630A is required to certify the affiliate status of entities
whose activity it seeks to aggregate and immediately to provide notice
of any event that causes an entity to cease to be an affiliate. A
review of information regarding the entities is conducted, and the
member may be requested to provide additional information to verify the
affiliate status of an entity. A request will be approved unless it is
determined that the member's certification is not accurate.\6\ FINRA is
proposing to clarify Rule 7630A by describing the process for review
and approval in proposed paragraph (a)(1). However, FINRA is not
proposing any changes to this process.
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    \5\ The rule is administered by The NASDAQ OMX Group, Inc.
(``NASDAQ''), in its capacity as the ``Business Member'' and
operator of the FINRA/NASDAQ TRF on behalf of FINRA. FINRA's
oversight of this function performed by the Business Member is
conducted through an annual assessment and review of TRF operations
by an outside independent audit firm.
    \6\ In the event of an inaccurate certification, FINRA would
investigate whether the member had violated FINRA rules and would
take appropriate disciplinary action.
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    In addition, FINRA is proposing to adopt a stated policy with
respect to the timing of recognition of aggregation requests. Because
bills for the FINRA/NASDAQ TRF are prepared on a monthly basis,
recognizing an affiliation in the middle of a month would require a
complex proration of members' bills. Accordingly, it has been the
FINRA/NASDAQ TRF's practice to recognize an affiliation request either
at the beginning of the month in which the affiliation occurs or at the
beginning of the following month. FINRA is proposing to adopt new
paragraph (a)(2) of Rule 7630A, which provides that if two or more
members become affiliated on or prior to the sixteenth day of a month
and submit a request for aggregation on or prior to the twenty-second
day of the month, approval of the request shall be deemed effective as
of the first day of that month. Thus, for example, if one member
acquires another, the acquisition is completed by June 16, and the
members file a request for aggregation by June 22, approval of the
request would allow the members to aggregate all activity during June.
This would be the case regardless of the time required to review and
approve the request. However, if members become affiliated after the
sixteenth day of the month, or do not submit a request for aggregation
until after the twenty-second day of the month, the request would not
be recognized until the following month.
    FINRA has filed the proposed rule change for immediate
effectiveness. The effective date and the implementation date will be
the date of filing.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15(b)(6) of the Act,\7\ which requires, among
other things, that FINRA rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change, by
adopting a clear policy with respect to the meaning, administration and
enforcement of Rule 7630A, will promote members' understanding of the
parameters of the rule and enhance the efficiency of its
administration.
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    \7\ 15 U.S.C. 78o-3(b)(6).
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    FINRA further believes that the proposed rule change is consistent
with Section 15A(b)(5) of the Act,\8\ which requires, among other
things, that

FINRA rules provide for the equitable allocation of reasonable dues,
fees and other charges among members and issuers and other persons
using any facility or system that FINRA operates or controls. All
similarly situated members are subject to the same fee structure, and
access to the FINRA/NASDAQ TRF is offered on fair and non-
discriminatory terms. The proposed rule change is reasonable because it
establishes a standard for recognition of aggregation requests that is
easy to administer and that reflects the need to review and approve
aggregation requests while avoiding the complexities associated with
proration of the bills of members that affiliate during the course of a
month. The proposed rule change is equitable because all members
seeking to aggregate their activity are subject to the same parameters,
in accordance with a commonsense standard that recognizes an
affiliation as of the month's beginning closest in time to when the
affiliation occurs, provided the members submit a timely request.
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    \8\ 15 U.S.C. 78o-3(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f)(1) of Rule 19b-4
thereunder.\10\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(1).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2011-049 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2011-049. 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 Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of FINRA.
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 publicly
available. All submissions should refer to File Number SR-FINRA-2011-
049 and should be submitted on or before October 24, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25352 Filed 9-30-11; 8:45 am]
BILLING CODE 8011-01-P