[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11604-11606]
[FR Doc No: 2012-4480]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66431; File No. SR-NASDAQ-2012-026]

Self-Regulatory Organizations; NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Listing of Strike Prices

February 21, 2012.
    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 February 13, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as constituting a non-
controversial rule change under Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with 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\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NASDAQ Stock Market LLC proposes to amend Chapter IV, Section 6
(Series of Options Open for Trading) to permit the listing of strike
prices in $0.50 intervals where the strike price is less than $75, and
of strike prices in $1.00 intervals where the strike price is

between $75 and $150 for option series used to calculate volatility
indexes.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of this filing is to amend Chapter IV, Section 6 to
permit the listing of strike prices in $0.50 intervals where the strike
price is less than $75, and of strike prices in $1.00 intervals where
the strike price is between $75 and $150 for option series used to
calculate volatility indexes.
    The proposal permits the listing of strike prices in $0.50
intervals and $1.00 intervals within specified strike price ranges for
option series used to calculate volatility indexes. Volatility indexes
are calculated and disseminated by the Chicago Board Options Exchange
(``CBOE''), which also lists options on the resulting index.\4\ At this
time, the Exchange has no intention of listing volatility options or
selecting options on any equity securities, Exchange-Traded Fund
Shares, Trust Issued Receipts, Exchange Traded Notes, Index-Linked
Securities, or indexes to be the basis of a volatility index. To the
extent that CBOE or another exchange selects a multiply-listed product
as the basis of a volatility index, proposed Chapter IV, Section 6
would permit the Exchange to list and compete in all series listed by
the CBOE or another Exchange for purposes of calculating a volatility
index.
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    \4\ For example, CBOE calculates the CBOE Gold ETF Volatility
Index (``GVZ''), which is based on the VIX methodology applied to
options on the SPDR Gold Trust (``GLD''). The current filing would
permit $0.50 strike price intervals for GLD options where the strike
price is $ 75 or less. The Exchange is currently permitted to list
strike prices in $1 intervals for GLD options (where the strike
price is $200 or less), as well as for other exchange-traded fund
(``ETF'') options. See Chapter IV, Section 6.
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    The Exchange has analyzed its capacity and represents that it
believes the Exchange and the Options Price Reporting Authority
(``OPRA'') have the necessary systems capacity to handle the additional
traffic associated with the listing of strike prices in $0.50 intervals
where the strike price is less than $75, and strike prices in $1.00
intervals where the strike price is between $75 and $150 for option
series used to calculate volatility indexes in securities selected by
the CBOE or another exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \5\ in general, and furthers the objectives of Section
6(b)(5) of the Act \6\ 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 mechanisms of a free and open
market and a national market system, by allowing the Exchange to offer
a full range of all available option series in a given class, including
those selected by other exchanges to be the basis of a volatility
index.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    While this proposal may potentially generate additional quote
traffic, the Exchange does not believe that this increased traffic will
become unmanageable since the proposal is restricted to a limited
number of classes. Further, the Exchange does not believe that the
proposal will result in a material proliferation of additional series
because it is restricted to a limited number of classes.

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 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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to those of
another exchange that has been approved by the Commission that permits
such exchange to allow trading for options series used to calculate
volatility indexes at $0.50 strike price intervals where the strike
price is less than $75 and at $1.00 intervals where the strike price is
between $75 and $150 for options series.\9\ Therefore, the Commission
designates the proposal operative upon filing.\10\
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    \9\ See Securities Exchange Act Release No. 64189 (April 5,
2011), 76 FR 20066 (April 11, 2011) (SR-CBOE-2011-008).
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2012-026 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-NASDAQ-2012-026. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 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-NASDAQ-2012-026 and should
be submitted on or before March 19, 2012.

    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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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4480 Filed 2-24-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Proposed Rules]
[Pages 11787-11789]
[FR Doc No: 2012-4606]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0177; Directorate Identifier 2009-SW-59-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Eurocopter France Model EC155B and EC155B1 helicopters with a VIP 4-
seat bench. This proposed AD is prompted by the determination that the
load strength of the seat attachment hardware of the seat installation
does not meet certification specifications. The proposed actions are
intended to prevent overloading of the seat structure at the attachment
point during a hard landing or emergency landing, which could result in
the VIP 4-seat bench detaching from the floor and subsequent injury to
the seat occupants.

DATES: We must receive comments on this proposed AD by April 30, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Examining the AD Docket: You may examine the AD docket on the
Internet at http://www.regulations.gov or in person at the Docket
Operations Office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this proposed AD, the
economic evaluation, any comments received, and other information. The
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this proposed AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax<PHONE_NUMBER>,
or at http://www.eurocopter.com/techpub. You may review a copy of the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

FOR FURTHER INFORMATION CONTACT: Gary Roach, Aerospace Engineer, FAA,
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are

filed electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued AD No.
2009-0078R1, dated June 30, 2009 (AD No. 2009-0078R1), which supersedes
Emergency AD No. 2009-0078-E, dated April 1, 2009 (AD No. 2009-0078-E),
to correct an unsafe condition for the Eurocopter model EC155B and
EC155B1, all serial numbers up to and including 6892, fitted with a VIP
4-seat bench, part number (P/N) 365V85-0045-01 or 365V85-0046-01. EASA
advises that Eurocopter identified an unsafe condition while performing
customization work that involved the installation of the VIP 4-seat
bench. During the installation work, Eurocopter determined that the
load strength of the seat attachment hardware of the seat installation
did not meet certification specifications. EASA advises that this
condition, if not corrected, would lead to overloading of the seat
structure at the attachment point during an emergency landing, which
could result in the seat bench detaching from the floor fitting rails
and potentially resulting in injury to the seat occupants.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
their AD. We are proposing this AD because we evaluated all information
provided by EASA and determined the unsafe condition exists and is
likely to exist or develop on other products of these same type
designs.

Related Service Information

    Eurocopter has issued Emergency Alert Service Bulletin (ASB) No.
04A009, Revision 1, dated June 24, 2009 (Emergency ASB No. 04A009R1)
which revises Emergency Alert Service Bulletin No. 04A009, Revision 0,
dated March 30, 2009 (Emergency ASB No. 04A009R0). Emergency ASB No.
04A009R0 specified revising the RFM to restrict the VIP 4-seat bench to
a maximum of 3 occupants. It also specified converting the VIP 4-seat
bench into a 3-seat bench at ``the next flight-related inspection
scheduled at 15 hours or 7 days,'' whichever occurred first. EASA
classified Emergency ASB No. 04A009R0 as mandatory to ensure the
continued airworthiness of these helicopters and issued EASA Emergency
AD No. 2009-0078-E.
    Eurocopter has now developed optional terminating action.
Eurocopter issued ASB No. 25-095, dated June 25, 2009 (ASB No. 25-095)
that specifies installing new shims between the attachment rails and
the cabin floor at the seat position to strengthen the attachment
security of the seat using a rear VIP bench seat retrofit kit, P/N
365V08-0079-0171, or front VIP bench seat retrofit kit, P/N 365V08-
0079-0271. Eurocopter also issued Emergency ASB No. 04A009R1, which
retained the requirements of Emergency ASB No. 04A009R0, and also
specified that helicopters equipped with the bench modification kits in
accordance with ASB No. 25-095 had met the requirements of Emergency
ASB No. 04A009R1. In response, EASA issued AD No. 2009-0078R1, which
retained the requirements of Emergency AD No. 2009-0078-E, and added
the optional terminating action of modifying the seat configuration to
strengthen the attachment security of the seat using the bench
modification kit. EASA also stated that after installing the bench
modification kit, you could remove the RFM limitation of 3 occupants
and reconfigure the 3-seat bench to a 4-seat bench.

Proposed AD Requirements

    This proposed AD would require the following actions:
     Before further flight, revise the Limitations section of
the RFM by inserting the following statement into the Limitations
section: ``The VIP 4-seat bench, P/N 365V85-0045-01 or 365V85-0046-01,
is limited to 3 passengers.'' The change to the Limitations section of
the RFM may be made in pen and ink, or by inserting a copy of the AD
into the Limitations section of the RFM.
     Within the next 15 hours time-in-service (TIS), convert
the VIP 4-seat bench into a 3-seat configuration.
     Instead of revising the Limitations section of the RFM and
converting the VIP 4-seat bench into a 3-seat configuration, you may
modify the rear VIP 4-seat bench by installing the shims contained in
kit P/N 365V08-0079-0171 (which corresponds to modification 365V08-
0079-01), or the front VIP 4-seat bench by installing the shims
contained in kit P/N 365V08-0079-0271 (which corresponds to
modification 365V08-0079-02). This action constitutes terminating
action for the requirements of this proposed AD.

Differences Between This Proposed AD and the EASA AD

    This proposed AD specifies that the conversion of the VIP 4-seat
bench to a 3-seat bench must occur within 15 hours TIS, while the EASA
AD specifies that compliance must occur within 15 hours TIS or 7 days,
whichever occurs first. This proposed AD uses different P/Ns for the
bench modification kits, because AD No. 2009-0078R1 and ASB No. 25-095
use different P/Ns for the same part, and this proposed AD uses the P/N
in ASB No. 25-095.

Costs of Compliance

    We estimate that this proposed AD would affect 4 helicopters of
U.S. registry. We estimate that it would take a negligible amount of
work hours per helicopter to amend the Limitation section of the
applicable RFM. We estimate it would take approximately 0.25 hour to
convert the VIP 4-seat bench to a 3-seat bench at an average labor rate
of $85 per work hour. Estimated labor costs for the conversion are
approximately $21.25 per helicopter, and approximately $85 for the
fleet. Based on these figures, we estimate the total cost impact of the
proposed AD on U.S. operators to be $85, assuming that no helicopter
has been previously modified with the rear VIP bench seat retrofit kit
P/N 365V08-0079-0171 and the front VIP bench seat retrofit kit P/N
365V08-0079-0271.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation

is within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.

Regulatory Findings

    We determined that this 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, I certify this proposed regulation:
    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 to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new
Airworthiness Directive (AD):

EUROCOPTER FRANCE: Docket No. FAA-2012-0177; Directorate Identifier
2009-SW-59-AD.

(a) Applicability

    This AD applies to Model EC155B and EC155B1 helicopters, all
serial numbers up to and including 6892, with a VIP 4-seat bench,
part number (P/N) 365V85-0045-01 or 365V85-0046-01, installed;
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as possible overloading of
the seat structure at the attachment point during a hard landing or
emergency landing. This condition could result in the bench seat
detaching from the floor and subsequent injury to the seat
occupants.

(c) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless accomplished
previously.

(d) Required Actions

    (i) Before further flight, revise the Limitations section of the
Rotorcraft Flight Manual (RFM) by inserting the following statement
into the Limitations section: ``The VIP 4-seat bench, P/N 365V85-
0045-01 or 365V85-0046-01 is limited to 3 passengers.'' You may make
the change to the Limitations section of the RFM in pen and ink, or
by inserting a copy of this AD into the Limitations section of the
RFM.
    (ii) Within the next 15 hours time-in-service, convert the VIP
4-seat bench into the 3-seat configuration in accordance with
paragraphs 2.B.1 through 2.B.3 and Figure 1 of Eurocopter Emergency
Alert Service Bulletin No. 04A009, Revision 1, dated June 24, 2009.
    (iii) Instead of complying with paragraphs (d)(i) and (d)(ii) of
this AD, you may modify the rear VIP 4-seat bench by installing the
shims contained in rear VIP bench seat retrofit kit, P/N 365V08-
0079-0171 (which corresponds to modification 365V08-0079-01), or the
front VIP 4-seat bench by installing the shims contained in front
VIP bench seat retrofit kit, P/N 365V08-0079-0271 (which corresponds
to modification 365V08-0079-02), in accordance with the Operational
Procedure, paragraph 2.B. of the Eurocopter Alert Service Bulletin
No. 25-095, dated June 25, 2009. Modifying the VIP 4-seat bench
constitutes terminating action for the requirements of this AD.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Gary Roach, Aerospace Engineer,
FAA, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>, email
<EMAIL_ADDRESS>    (2) For operations conducted under a Part 119 operating
certificate or under Part 91, Subpart K, we suggest that you notify
your principal inspector, or lacking a principal inspector, the
manager of the local flight standards district office or certificate
holding district office before operating any aircraft complying with
this AD through an AMOC.

(f) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency AD No. 2009-0078R1, dated June 30, 2009.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 2500: Cabin
Equipment/Furnishings.

    Issued in Fort Worth, Texas, on February 10, 2012.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-4606 Filed 2-27-12; 8:45 am]
BILLING CODE 4910-13-P


<! DOCTYPE HTML PUBLIC "// W3C// DTD HTML 4.0 Transitional// EN"> <! saved from url=( 0094) http:// a257. g. akamaitech. net/ 7/ 257/ 2422/ 06jun20041800/ edocket. access. gpo. gov/ 2004/ 04 25306. htm > < TITLE> FR Doc 04 25306</ TITLE> < META http equiv= Content Type content=" text/ html; charset= windows 1252"> < META content=" MSHTML 6.00.2800.1476" name= GENERATOR> < DOC>
 [ Federal Register: November 15, 2004 ( Volume 69, Number 219)] [ Notices] [ Page 65596] From the Federal Register Online via GPO Access [ wais. access. gpo. gov] [ DOCID: fr15no04 71]

ENVIRONMENTAL PROTECTION AGENCY [ OPPT 2003 0004; FRL 7687 3]

Access to Confidential Business Information by Science Applications International Corporation AGENCY: Environmental Protection Agency ( EPA).

ACTION: Notice.

SUMMARY: EPA has authorized its contractor Science Applications International Corporation ( SAIC), of Reston, Virginia, access to information which has been submitted to EPA under sections 4, 5, 6, 8, 12, and 13 of the Toxic Substances Control Act ( TSCA). Some of the information may be claimed or determined to be Confidential Business Information ( CBI).

DATES: Access to the confidential data will occur no sooner than November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 202) 554 1404; e mail address:  TSCA Hotline@ epa . gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Notice Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to those persons who are or may be required to conduct testing of chemical substances under TSCA. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Documents?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT 2003 0004. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include CBI or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566 1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566 0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at  http:// frwebga te. access. gpo. gov/ cgi bin/ leaving. cgi? from= leavingFR. html& amp; log= linklog& amp; to = http:// www. epa. gov/ fedrgstr/.

An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at  http:// f rwebgate. access. gpo. gov/ cgi bin/ leaving. cgi? from= leavingFR. html& amp; log= linklog& amp; to= http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. What Action is the Agency Taking?

Under Contract Number EP W 04 046, SAIC of 11251 Roger Bacon Drive, Reston, VA, will assist EPA by providing expert witness support for a civil administrative hearing, administer the Core TSCA Enforcement Center ( CTEC) automated tracking system for TSCA CBI, and perform enforcement inspections. SAIC will also assist in the review and/ or collection of information from businesses and could potentially access documents subjects to TSCA CBI claim. In accordance with 40 CFR 2.306( j), EPA has determined that under Contract Number EP W 04 046, SAIC will require access to CBI submitted to EPA under sections 4, 5, 6, 8, 12, and 13 of TSCA, to perform successfully the duties specified under the contract. SAIC personnel will be given information submitted to EPA under sections 4, 5, 6, 8, 12, and 13 of TSCA. Some of the information may be claimed or determined to be CBI. EPA is issuing this notice to inform all submitters of information under sections 4, 5, 6, 8, 12, and 13 of TSCA, that the Agency may provide SAIC access to these CBI materials on a need to know basis only. All access to TSCA CBI under this contract will take place at EPA Headquarters only. Clearance for access to TSCA CBI under Contract Number EP W 04 046 may continue until September 30, 2009. Access will commence no sooner than November 22, 2004. SAIC personnel have signed nondisclosure agreements and will be briefed on appropriate security procedures before they are permitted access to TSCA CBI.

List of Subjects Environmental protection, Confidential business information. Dated: November 4, 2004. Brion Cook, Director, Information Management Division, Office of Pollution Prevention and Toxics.

[ FR Doc. 04 25306 Filed 11 12 04; 8: 45 am]

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[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Rules and Regulations]
[Page 12663-12665]
[DOCID:fr17mr10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0331; Directorate Identifier 2008-NE-40-AD;
Amendment 39-16235; AD 2010-06-11]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. TFE731
Series Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Honeywell International Inc. TFE731 series turbofan engines with
certain second stage low-pressure compressor rotor (LPCR) discs and/or
certain third stage LPCR discs installed. This AD requires removing
from service certain second stage LPCR discs and/or certain third stage
LPCR discs. This AD results from a report of cracks found during a
fluorescent penetrant inspection (FPI) of the disc bore. We are issuing
this AD to prevent an uncontained failure of a second stage LPCR disc
and/or a third stage LPCR disc due to cracks in the bore, which could
result in damage to the airplane.

DATES: This AD becomes effective April 21, 2010. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of April 21, 2010.

ADDRESSES: You can get the service information identified in this AD
from Honeywell Engines and Systems Technical Publications and
Distribution, M/S 2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170,
telephone: Global Customer Care toll free<PHONE_NUMBER>; International
callers<PHONE_NUMBER>.
    The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Joseph Costa, Aerospace Engineer, Los
Angeles Aircraft Certification Office, FAA, Transport Airplane
Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; e-mail:
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with a notice of proposed rulemaking (NPRM) and a supplemental NPRM, to
amend 14 CFR part 39 to add an AD, for Honeywell International Inc.
TFE731 series turbofan engines with certain second stage LPCR discs
and/or certain third stage LPCR discs installed. That NPRM was
published in the Federal Register on April 13, 2009 (74 FR 16807) and
proposed to remove from service certain second stage LPCR discs

and certain third stage LPCR discs. That supplemental NPRM was
published in the Federal Register on December 11, 2009 (74 FR 65697).
The supplemental NPRM proposed to remove from service certain second
stage LPCR discs and/or certain third stage LPCR discs. It also revised
the proposed AD to correct a P/N error, to clarify the applicability,
and to clarify the instructions in the compliance section.

Examining the AD Docket

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

Comments

    We provided the public the opportunity to participate in developing
this AD. We responded to the comments received on the NPRM, in the
supplemental NPRM. We received no comments on the supplemental NPRM or
on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 27 engines installed on
airplanes of U.S. registry. We also estimate that it will take about 4
work-hours per engine to perform the actions during scheduled
maintenance and 140 work-hours per engine for the actions during
unscheduled maintenance. The average labor rate is $80 per work-hour.
Required parts will cost about $31,000 per engine. Based on these
figures, we estimate the total cost of the AD to U.S. operators to be
$900,000.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration 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:

2010-06-11 Honeywell International Inc. (Formerly AlliedSignal Inc.,
formerly Garrett Turbine Engine Company): Amendment 39-16235. Docket
No. FAA-2009-0331; Directorate Identifier 2008-NE-40-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
21, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Honeywell International Inc. TFE731-2,
TFE731-2A, TFE731-2C, TFE731-3, TFE731-3A, TFE731-3AR, TFE731-3B,
TFE731-3BR, TFE731-3C, TFE731-3CR, TFE731-3D, TFE731-3DR, TFE731-3R,
TFE731-4, TFE731-4R, TFE731-5, TFE731-5AR, TFE731-5BR, and TFE731-5R
series turbofan engines with certain second stage low-pressure
compressor rotor (LPCR) discs, part number (P/N) 3072396-1 or
3075190-1, and/or certain third stage LPCR discs, P/N 3072397-1 or
3075192-1, installed. These engines are installed on, but not
limited to, the airplanes listed in Table 1 of this AD.

             Table 1--Installed on Airplanes by Manufacturer
------------------------------------------------------------------------
              Manufacturer                            Model
------------------------------------------------------------------------
Dassault-Aviation or Dassault Aviation.  Falcon 10 (Falcon 100) and
                                          Mystere-Falcon 20, 50, 900 and
                                          MF900 series.
Cessna Aircraft Company................  Model 650, Citation III, VI,
                                          and VII.
Gulfstream Aerospace LP................  1125 Westwind Astra.
Israel Aircraft Industries.............  1124 and 1124A (Westwind).
Learjet Inc............................  31, 31A, 35, 35A, 36, 36A, 55,
                                          55B, 55C, and M31.
Lockheed Martin Corporation (formerly    1329-23A, 1329-23D, 1329-23E,
 Lockheed-Georgia).                       and 1329-25.

Raytheon Corporate Jets (formerly        DH.125 Series 1A, 3A, and 3A/
 British Aerospace and Hawker             RA, HS.125 Series F3B and F3B/
 Beechcraft Corporation).                 RA, BH.125 and DH.125 Series
                                          400A, HS.125 Series 403B,
                                          F400B, and F403B, HS.125
                                          Series 600A, BH.125 Series
                                          600A, HS.125 Series F600B,
                                          700A, and 700B, BAe.125 Series
                                          800 and 1000, and Hawker 800
                                          and 850XP series.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a report of cracks found during a
fluorescent penetrant inspection (FPI) of the disc bore. We are
issuing this AD to prevent an uncontained failure of a second stage
LPCR disc and/or a third stage LPCR disc due to cracks in the bore,
which could result in damage to the airplane.

Compliance

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

Removing LPCR Discs From Service

    (f) For engines with any of the serial number (S/N) LPCR discs
listed in Table 5 of Honeywell International Inc. Alert Service
Bulletins (ASBs) TFE731-72-A3748, dated August 21, 2008, and/or
Table 5 of TFE731-72-A3749, dated August 21, 2008, remove those LPCR
discs from service within 100 cycles-in-service (CIS) after the
effective date of this AD.
    (g) For engines with any of the S/N LPCR discs listed in Table 6
of Honeywell International Inc. ASBs TFE731-72-A3748, dated August
21, 2008, and/or Table 6 of TFE731-72-A3749, dated August 21, 2008,
do the earlier of the following:
    (1) Remove the LPCR disc from service within 2,000 CIS after the
effective date of this AD, or
    (2) Remove the LPCR disc from service the next time the
intermediate case is removed from the low-pressure compressor case.

Installation Prohibition

    (h) After the effective date of this AD, do not install any of
the S/Ns of LPCR discs listed in Table 5 of Honeywell International
Inc. ASBs TFE731-72-A3748, dated August 21, 2008, and the discs
listed in Table 5 of TFE731-72-A3749, dated August 21, 2008, into
any engine. Also, do not install any of the S/Ns of LPCR discs
listed in Table 6 of Honeywell International Inc. ASBs TFE731-72-
A3748, dated August 21, 2008, and the discs listed in Table 6 of
TFE731-72-A3749, dated August 21, 2008, into any engine.

Alternative Methods of Compliance

    (i) The Manager, Los Angeles Aircraft Certification Office, has
the authority to approve alternative methods of compliance for this
AD if requested using the procedures found in 14 CFR 39.19.

Related Information

    (j) Contact Joseph Costa, Aerospace Engineer, Los Angeles
Aircraft Certification Office, FAA, Transport Airplane Directorate,
3960 Paramount Blvd., Lakewood, CA 90712-4137; e-mail:
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax: (562) 627-
5210, for more information about this AD.

Material Incorporated by Reference

    (k) You must use the service information specified in the
following Table 2 to identify the affected discs requiring removal.
The Director of the Federal Register approved the incorporation by
reference of the documents listed in the following Table 2 in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Honeywell
Engines and Systems Technical Publications and Distribution, M/S
2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170, telephone: Global
Customer Care toll free<PHONE_NUMBER>; International callers (602)
365-3099, for a copy of this service information. You may review
copies at the FAA, New England Region, 12 New England Executive
Park, Burlington, MA; or 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.

                                       Table 2--Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
   Honeywell International Inc.
    Alert Service Bulletin No.             Page                Revision                      Date
----------------------------------------------------------------------------------------------------------------
TFE731-72-A3748; Total Pages: 18.  All.................  Original...........  August 21, 2008.
TFE731-72-A3749; Total Pages: 14.  All.................  Original...........  August 21, 2008.
----------------------------------------------------------------------------------------------------------------

    Issued in Burlington, Massachusetts, on March 5, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2010-5507 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-13-P