[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 25076-25079]
[FR Doc No: 2018-11614]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83324; File No. SR-NYSEArca-2018-31]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend NYSE Arca
Rule 5.3-E To Exclude Certain Categories of Issuers From the Exchange's
Annual Meeting Requirement

May 24, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 16, 2018, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') 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 self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rule 5.3-E to exclude
certain categories of issuers from the Exchange's annual meeting
requirement. The proposed rule change is available on the Exchange's
website at www.nyse.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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    NYSE Arca proposes to amend NYSE Arca Rule 5.3-E to exclude certain
categories of issuers from the Exchange's annual meeting requirement.
    NYSE Arca Rule 5.3-E(e) provides that a listed company is required
to hold an annual meeting of shareholders to elect directors and to
take action on other corporate matters in accordance with its charter,
by-laws and applicable state or other laws. The preamble to Rule 5.3-E
provides that preferred and debt listings, passive business
organizations (such as royalty trusts), derivative and special purpose
securities \4\ are not required to comply with certain of the Corporate
Governance and Disclosure Policies set forth in NYSE Arca Rule 5.3-
E.\5\ However, the preamble does not exclude the obligation to hold an
annual meeting pursuant to NYSE Arca Rule 5.3-E(e) from those
requirements with which such issuers must comply.
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    \4\ Derivative and special purpose securities are securities
listed pursuant to Rules 5.2-E(h), 5.2-E(j)(2)-(6) and Rule 8-E
(8.100-E, 8.200-E, 8.201-E, 8.202-E, 8.203-E, 8.204-E, 8.300-E,
8.400-E, 8.600-E and 8.700-E), including Exchange Traded Funds
(``ETFs'') and similar products.
    \5\ See Securities Exchange Act Release No. 49810 (June 4,
2004), 69 FR 32647 (June 10, 2004).
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    Holders of non-voting preferred and debt securities, securities of
passive business organizations (such as royalty trusts) and derivative
and special purpose securities either do not have the right to elect
directors at annual meetings or have the right to elect directors only
in very limited circumstances. For example, holders of non-voting
preferred securities may have the right to temporarily elect directors
if dividends on such securities have not been paid for a specified
period of time. Absent such special circumstances, in no event do
holders of the securities listed above elect directors on an annual
basis. Despite the fact that there is no matter with respect to which
holders of these securities have an annual voting right under state law
or their governing documents, NYSE Arca rules currently do not exclude
the issuers of such securities from the requirement that they hold an
annual meeting of shareholders.
    NYSE Arca now proposes to change the preamble to Rule 5.3-E to
provide that issuers of these securities would not need to satisfy the
requirement to hold an annual meeting under Rule 5.3-E(e)(1). The
Exchange also proposes to clarify that the exclusions for preferred
stock set forth in that provision are specifically applicable only to
non-voting preferred stock. Notwithstanding the exclusions noted above,
if an issuer also lists common stock or voting preferred stock, or
their equivalent, such issuer must still hold an annual meeting for the
holders of that common stock or voting preferred stock, or their
equivalent. The Exchange further proposes to clarify NYSE Arca Rule
5.3-E(e)(1) by specifying that the annual meeting requirement contained
in such rule is applicable to issuers listing common stock or voting
preferred stock, and their equivalents \6\ and that such annual meeting
requirement is inapplicable to preferred and debt listings, passive
business organizations (such as royalty trusts), and certain categories
of derivative and special purpose securities listed pursuant to Rules
5.2-E(h), 5.2-E(j)(2)-(6) and 8-E (8.100-E, 8.200-E, 8.201-E, 8.202-E,
8.203-E, 8.204-E, 8.300-E, 8.400-E, 8.600-E and 8.700-E).
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    \6\ This language is identical to that used in the NASDAQ annual
meeting rule. See NASDAQ Marketplace Rules IM-5620.
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    The Exchange notes that the listing rules of the NASDAQ Stock
Market LLC (``NASDAQ''), Cboe BZX Exchange, Inc. (``Cboe BZX'') and
NYSE American LLC (``NYSE American'') all provide explicit exclusions
for issuers of ETFs and other derivative securities products from the
annual meeting requirements in their

rules.\7\ The following are rules for derivative and special purpose
securities listed on the Exchange and, in each case, a reference to a
rule of either NYSE American or NASDAQ providing for the listing of
similar securities on NYSE American or NASDAQ that are explicitly
excluded from the annual meeting requirement on such exchange: \8\
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    \7\ See NASDAQ Marketplace Rules IM-5620, Cboe BZX Rule 14.10,
Interpretations and Policies 15; and NYSE American Company Guide
Section 704, Commentary .01.
    \8\ The NYSE American and NASDAQ rule references are
illustrative and are not intended as an indication that no other
national securities exchange has a listing rule for the applicable
security type with an explicit exclusion from its annual meeting
requirement.
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     NYSE Arca Rule 5.2-E(h) (Unit Investment Trusts) and NYSE
American Company Guide Section 118 (Investment Trusts);
     NYSE Arca Rule 5.2-E(j)(2) (Equity Linked Notes) and NYSE
American Company Guide Section 107B (Equity Linked Term Notes);
     NYSE Arca Rule 5.2-E(j)(3) (Investment Company Units) and
NYSE American Rule 1002A (Index Fund Shares);
     NYSE Arca Rule 5.2-E(j)(4) (Index Linked Exchangeable
Notes) and NYSE American Company Guide Section 107C (Index Linked
Exchangeable Notes);
     NYSE Arca Rule 5.2-E(j)(5) (Equity Gold Shares) and NASDAQ
Marketplace Rule 5711(b) (Equity Gold Shares);
     NYSE Arca Rule 5.2-E(j)(6) (Index Linked Securities) and
NYSE American Company Guide Sections 107D (Index-Linked Securities,
107E (Commodity-Linked Securities), 107F (Currency-Linked Securities),
107G (Fixed Income-Linked Securities), 107H (Futures-Linked
Securities), and 107I (Combination-Linked Securities);
     NYSE Arca Rule 8.100-E (Portfolio Depositary Receipts) and
NYSE American Rule 1000A (Portfolio Depository Receipts);
     NYSE Arca Rule 8.200-E (Trust Issued Receipts) and NYSE
American Rule 1202 (Trust Issued Receipts);
     NYSE Arca Rule 8.201-E (Commodity Based Trust Shares) and
NYSE American Rule 1200A (Commodity Based Trust Shares);
     NYSE Arca Rule 8.202-E (Currency Trust Shares) and NYSE
American Rule 1202B (Currency Trust Shares);
     NYSE Arca Rule 8.203-E (Commodity-Index Trust Shares) and
NASDAQ Marketplace Rule 5711(f) (Commodity Index Shares);
     NYSE Arca Rule 8.204-E (Commodity Futures Trust Shares)
and NASDAQ Marketplace Rule 5711(g)(Commodity Futures Trust Shares);
     NYSE Arca Rule 8.300-E (Partnership Units) and NYSE
American Rule 1502 (Partnership Units);
     NYSE Arca Rule 8.400-E (Paired Trust Shares) and NYSE
American Rule 1402 (Paired Trust Shares).
    Shareholders of ETFs and derivative securities products listed on
the Exchange receive regular disclosure documents describing the
pricing mechanism for their securities and detailing how they can value
their holdings. Moreover, the net asset value of the categories of ETFs
and other derivative securities products listed above is determined by
the market price of each fund's underlying securities or other
reference asset. Because shareholders can value their investments on an
ongoing basis, the Exchange believes that there is less need for
shareholders to engage management at an annual meeting. In addition,
while holders of such securities may have the right to vote in certain
limited circumstances, they do not have the right to vote on the annual
election of a board of directors, further reducing the need for an
annual meeting. Further, although the Exchange proposes to exclude
issuers of such securities from holding an annual meeting, such issuers
may still be required to hold special meetings as required by state law
or their governing documents.
    The Exchange proposes to include securities listed pursuant to NYSE
Arca Rules 5.2-E(j)(4)-(6) in the types of derivative and special
purpose securities that are excluded from certain corporate governance
requirements.\9\ The Exchange believes it is appropriate to exclude
index-linked exchangeable notes listed pursuant to NYSE Arca Rule 5.2-
E(j)(4) and exchange-traded notes listed pursuant to NYSE Arca Rule
5.2-E(j)(6) from the same corporate governance requirements that debt
securities are currently excluded as each class of security is simply a
different form of unsecured debt obligation of an issuer. Similarly,
the Exchange believes it is appropriate to exclude Equity Gold Shares
listed pursuant to NYSE Arca Rule 5.2-E(j)(5) from the same corporate
governance requirements as it currently excludes other categories of
commodity-based derivative and special purpose securities. Like such
other classes of derivative and special purpose securities, Equity Gold
Shares are passive investment vehicles that hold an interest in a
specified commodity and continuously create and redeem shares at the
trust's net asset value and their governing documents do not require
that they hold an annual meeting. Further, NYSE Arca Rule 5.2-E(j)(5)
specifically states that all NYSE Arca rules that reference Investment
Company Units shall include Equity Gold Shares. Therefore, the Exchange
believes it is appropriate to provide the same corporate governance
exclusions to Equity Gold Shares as NYSE Arca Rule 5.3-E currently
provides to Investment Company Units.
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    \9\ Such classes of securities are excluded from complying with
the annual meeting requirements of other national securities
exchanges. NYSE American Rule 704, for example, provides that its
annual meeting requirement is not applicable to index-linked
exchangeable notes, index-linked securities, currency-linked
securities and commodity-linked securities. With respect to Equity
Gold Shares, the Exchange believes that Nasdaq would exclude such
securities from holding an annual meeting pursuant to Nasdaq
Marketplace Rule 5711(b).
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    The Exchange is proposing amendments to the rules for the following
two categories of derivative and special purpose securities for which
it has not identified explicit exclusions from the annual meeting
requirement of any of the other listing exchanges:
     Managed Fund Shares (listed under NYSE Arca Rule 8.600-E),
and
     Managed Trust Shares (listed under NYSE Arca Rule 8.700-
E).
    The Exchange believes it is appropriate to provide these exclusions
for these categories of securities on the same basis as the other
categories of listed derivative and special securities.
    Managed Fund Shares and Managed Trust Shares share fundamental
characteristics with Investment Company Units. Exchange rules require
that they provide for the creation and redemption of the listed
securities on a continuous basis in a manner similar to Investment
Company Units. This mechanism is an important investor protection that
helps to ensure that the trading price of the securities remains close
to their net asset value and provides investors with an ability to
readily dispose of their investment. In light of these protections and
the fact that investors regularly receive disclosure documents, the
Exchange believes that--like Investment Company Units--there is a
reduced need for shareholders of Managed Fund Shares and Managed Trust
Shares to engage directly with management at an annual meeting.
Further, issuers of Managed Fund Shares and Managed Trust shares are
subject to the requirements of state law and their governing documents
as they relate to the requirement to hold shareholder meetings.
    The Exchange proposes to remove securities listed pursuant to Rule
5.2-E(j)(1) (Other Securities), 8.3-E (Currency and Index Warrants) and

8.500-E (Trust Units) from those derivative and special purpose
securities that are excluded from certain corporate governance
requirements. The Exchange believes this amendment is appropriate
because the attributes of such Other Securities that might be listed
pursuant to Rule 5.2-E(j)(1) are presently unknown and therefore the
Exchange cannot determine whether issuers of such securities should be
excluded from complying with certain corporate governance requirements.
Further, the Exchange does not presently list any security under the
Other Securities, Currency and Index Warrants or Trust Units standards
and has not done so in many years.\10\
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    \10\ Should the Exchange list securities under the Other
Securities, Currency and Index Warrants or Trust Units standards in
the future, it may consider whether to amend its rules at that time
to allow for certain corporate governance exclusions applicable to
such classes of securities.
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    The Exchange proposes to amend Rule 5.3-E to clarify that, with
respect to requirements for independent directors and board committees,
registered management investment companies (except for registered
management investment companies that qualify as derivative and special
purpose securities) are only exempt from complying with the corporate
governance requirements in Rule 5.3-E(k)(2)-(4) and 5.3-E(k)(6). Such
issuers are required to comply with all other provisions of Rule 5.3-
E(k), including the preamble to such section.
    The Exchange also proposes to make non-substantive formatting
changes to Rule 5.3-E to improve readability. The Exchange also
proposes to amend Rule 5.3-E(e) to divide it into subsections to make
clear that issuers of preferred and debt listings, passive business
organizations and certain derivative and special purpose securities are
only excluded from the annual meeting requirement contained in such
rule. The rule will further specify that regardless of whether an
issuer is excluded from the annual meeting requirement, all issuers
must comply with the Exchange's advance notification requirement for
all shareholders meetings, including special meetings.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Sections 6(b)(5) \12\ of the Act, in particular, in that
it is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, 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.
The Exchange believes that the proposed amendment is consistent with
the protection of investors, as the holders of non-voting preferred
stock, bonds, the listed shares of passive business organizations (such
as royalty trusts), ETFs and certain other derivative and special
purpose securities do not have voting rights with respect to the
election of directors except in very limited circumstances as required
by state law or their governing documents. In addition, the net asset
value of the categories of ETFs and other derivative securities
products that the Exchange proposes to exclude from its annual meeting
requirement is determined by the market price of each fund's underlying
securities or other reference asset. Shareholders of such ETFs and
derivative securities products listed on the Exchange receive regular
disclosure documents describing the pricing mechanism for their
securities and detailing how they can value their holdings.
Accordingly, holders of such securities can value their investment on
an ongoing basis. Because of these factors, the Exchange believes there
is a reduced need for shareholders to engage with management of issuers
of these securities and thus no need for the issuers of such securities
to hold annual shareholder meetings absent the existence of other
listed securities with director election voting rights. Further,
although the Exchange proposes to exclude issuers of such securities
from holding an annual meeting, such issuers may still be required to
hold special meetings as required by state law or their governing
documents.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes it is appropriate to include securities
listed pursuant to NYSE Arca Rules 5.2-E(j)(4)-(6) in the definition of
derivative and special purpose securities that are excluded from
certain corporate governance requirements. With respect to the annual
meeting requirement, the Exchange believes that such classes of
securities are excluded from complying with the annual meeting
requirements of other national securities exchanges.\13\ The Exchange
believes it is appropriate to exclude index-linked exchangeable notes
listed pursuant to NYSE Arca Rule 5.2-E(j)(4) and exchange-traded notes
listed pursuant to NYSE Arca Rule 5.2-E(j)(6) from the same corporate
governance requirements that debt securities are currently excluded as
each class of security is simply a different form of unsecured debt
obligation of an issuer. Similarly, the Exchange believes it is
appropriate to exclude Equity Gold Shares listed pursuant to NYSE Arca
Rule 5.2-E(j)(5) from the same corporate governance requirements as it
currently excludes other categories of commodity-based derivative and
special purpose securities. Like such other classes of derivative and
special purpose securities, Equity Gold Shares are passive investment
vehicles that hold an interest in a specified commodity and
continuously create and redeem shares at the trust's net asset value
and their governing documents do not require that they hold an annual
meeting. Further, NYSE Arca Rule 5.2-E(j)(5) specifically states that
all NYSE Arca rules that reference Investment Company Units shall
include Equity Gold Shares. Therefore, the Exchange believes it is
appropriate to provide the same corporate governance exclusions to
Equity Gold Shares as NYSE Arca Rule 5.3-E currently provides to
Investment Company Units. For the reasons stated above, the Exchange
believes the proposal to exclude securities listed pursuant to NYSE
Arca Rules 5.2-E(j)(4)-(6) from certain corporate governance
requirements is consistent with the investor protection goals of
Section 6(b)(5) of the Act.
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    \13\ See Footnote 9, supra.
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    The Exchange believes it is appropriate to remove securities listed
pursuant to Rule 5.2-E(j)(1) (Other Securities), 8.3-E (Currency and
Index Warrants) and 8.500-E (Trust Units) from those derivative and
special purpose securities that are excluded from certain corporate
governance requirements. With respect to Other Securities, the Exchange
does not have enough information about such securities to determine
whether any exclusion is appropriate and with respect to Currency and
Index Warrants and Trust Units, the Exchange does not anticipate
listing such securities in the near future.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed amendments will
not impose any burden on competition, as they simply conform NYSE
Arca's rules to those of its competitors in the market for the listing
of the specified types of securities. The additional categories of

securities that the Exchange proposes to exclude (i.e., Managed Fund
Shares and Managed Trust Shares) have similar characteristics to the
categories of securities that are already excluded on other national
securities exchanges. Therefore, the Exchange does not believe that it
will impose any burden on competition to exclude them.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) 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 \14\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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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    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 protected]. Please include
File Number SR-NYSEArca-2018-31 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2018-31. 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 website (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 website 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 10:00 a.m. and
3:00 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2018-31 and should be submitted
on or before June 21, 2018.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11614 Filed 5-30-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Proposed Rules]
[Pages 28728-28729]
[FR Doc No: 2021-11226]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0417; Airspace Docket No. 21-AGL-23]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Eveleth, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface at Eveleth-Virginia Municipal
Airport, Eveleth, MN. The FAA is proposing this action as the result of
an airspace review caused by the decommissioning of the Eveleth non-
directional beacon (NDB). The geographic coordinates of the airport
would also be updated to coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before July 12, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0417/Airspace Docket No. 21-AGL-23 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Eveleth-Virginia Municipal Airport, Eveleth, MN,
to support instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2021-0417/
Airspace Docket No. 21-AGL-23.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by amending the
Class E airspace extending upward from 700 feet above the surface to
within an 8.7-mile (increased from a 7-mile) radius of Eveleth-Virginia
Municipal Airport, Eveleth, MN; and updating the geographic coordinates
of the airport to coincide with the FAA's aeronautical database.
    This action is necessary due to an airspace review caused by the
decommissioning of the Eveleth NDB.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MN E5 Eveleth, MN [Amended]

Eveleth-Virginia Municipal Airport, MN
    (Lat. 47[deg]25'27'' N, long. 92[deg]29'48'' W)

    That airspace extending upward from 700 feet above the surface
within an 8.7-mile radius of the Eveleth-Virginia Municipal Airport.

    Issued in Fort Worth, Texas, on May 24, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-11226 Filed 5-27-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Proposed Rules]
[Pages 22889-22891]
[FR Doc No: 2018-10391]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0246; Airspace Docket No. 18-ASW-6]
RIN 2120-AA66

Proposed Revocation of Class D and E Airspace; Fort Sill; and
Amendment of Class D and E Airspace; Lawton, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove Class D airspace, Class E
airspace designated as a surface area, and Class E airspace designated
as an extension to a Class D and Class E airspace at Henry Post Army
Air Field (AAF), Fort Sill, OK; amend Class D airspace and Class E
airspace designated as a surface area at Lawton-Fort Sill Regional
Airport, Lawton, OK; and amend Class E airspace extending upward from
700 feet above the surface at Lawton-Fort Sill Regional Airport and
Henry Post AAF. The FAA is proposing this action due to the closure of
the air traffic control tower (ATCT) at Henry Post AAF. The name of
Lawton-Fort Sill Regional Airport and the geographic coordinates of
Henry Post AAF would also be updated to coincide with the FAA's
aeronautical database, and the outdated term ``Airport/Facility
Directory'' would be replaced with the term ``Chart Supplement.''

DATES: Comments must be received on or before July 2, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0246; Airspace Docket No. 18-ASW-6, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would remove Class D airspace, Class E airspace designated as a
surface area,

and Class E airspace designated as an extension to a Class D and Class
E airspace at Henry Post AAF, Fort Sill, OK; amend Class D airspace and
Class E airspace designated as a surface area at Lawton-Fort Sill
Regional Airport, Lawton, OK; and amend Class E airspace extending
upward from 700 feet above the surface at Lawton-Fort Sill Regional
Airport and Henry Post AAF to support instrument flight rule operations
at these airports.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2018-0246/
Airspace Docket No. 18-ASW-6.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page athttp://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 by:
    Removing Class D airspace at Henry Post AAF, Fort Sill, OK;
    Amending Class D airspace at Lawton-Fort Sill Regional Airport
(formerly Lawton Municipal Airport), Lawton, OK, by adding an extension
1.1 miles each side of the 167[deg] radial of the Lawton VOR/DME
extending from the 4.3-mile radius to 5.3 miles south of the airport;
amending the exclusionary language from ``that airspace north of a line
between lat. 34[deg]36'18'' N, long. 98[deg]20'33'' W and lat.
34[deg]37'16'' N, long. 98[deg]28'29'' W; to ``that airspace within a
2.0-mile radius of Henry Post AAF''; updating the name of the airport
to coincide with the FAA's aeronautical database; and replacing the
outdated term ``Airport/Facility Directory'' with ``Chart Supplement'';
    Removing Class E airspace designated as a surface area at Henry
Post AAF;
    Amending Class E airspace designated as a surface area at Lawton-
Fort Sill Regional Airport by adding an extension 1.1 miles each side
of the 167[deg] radial of the Lawton VOR/DME extending from the 4.3-
mile radius to 5.3 miles south of the airport; removing that area
within a 4-mile radius of Henry Post AAF from the airspace legal
description; amending the exclusionary language from ``within
Restricted Areas R5601A and R-5601B when these restricted areas are
activated'' to ``that airspace within a 2.0-mile radius of Henry Post
AAF''; updating the name of the Lawton-Fort Sill Airport (formerly
Lawton Municipal Airport), and the geographic coordinates of Henry Post
AAF to coincide with the FAA's aeronautical database; removing the city
name associated with Henry Post AAF to comply with FAA Order 7400.2L,
Procedures for Handling Airspace Matters; and replacing the outdated
term ``Airport/Facility Directory'' with ``Chart Supplement'';
    Removing Class E airspace designated as an extension of Class D and
Class E airspace at Henry Post AAF; and
    Amending Class E airspace extending upward from 700 feet above the
surface at Lawton-Fort Sill Regional Airport and Henry Post AAF by
amending the extension to the south of Lawton-Fort Sill Regional
Airport from the 167[deg] (previously 178[deg]) radial from the Lawton
VOR/DME extending from the 6.8-mile radius to 13.1 (decreased from
20.6) miles south of the Lawton-Fort Sill Regional Airport; removing
the extension from the 358[deg] radial from Lawton VOR/DME; removing
the extension to the north of Henry Post AAF referencing the 003[deg]
radial from the Lawton VOR/DME; adding an extension 4.0 miles each side
of the 360[deg] bearing from the Henry Post AAF from the 6.5-mile
radius of Henry Post AAF to 10.9 miles north of Henry Post AAF;
amending the exclusionary language pertaining to restricted areas from
``R-5601A and R-5601B when these restricted areas are activated'' to
``R-5601A, R-5601B and R-5601H when active''; removing the exclusionary
language ``and excluding that airspace within the Wichita Falls, TX,
Class E airspace area'' from the airspace legal description; and
updating the name of Lawton-Fort Sill Regional (formerly Lawton
Municipal Airport) and the geographic coordinates of Henry Post AAF to
coincide with the FAA's aeronautical database.
    This action is being proposed due to the closure of the ATCT at
Henry Post AAF and to remove the associated airspace.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11B, dated
August 3, 2017, and effective September 15, 2017, which is incorporated
by reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT

Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 5000. Class D Airspace.

* * * * *

ASW OK D Fort Sill, OK [Removed]

ASW OK D Lawton, OK [Amended]

Lawton-Fort Sill Regional Airport, OK
    (Lat. 34[deg]34'04'' N, long. 98[deg]25'00'' W)
Lawton VOR/DME
    (Lat. 34[deg]29'46'' N, long. 98[deg]24'47'' W)
Henry Post AAF
    (Lat. 34[deg]38'59'' N, long. 98[deg]24'08'' W)

    That airspace extending upward from the surface to and including
3,700 feet MSL within a 4.3-mile radius of Lawton-Fort Sill Regional
Airport, and within 1.1 miles each side of the 167[deg] radial from
the Lawton VOR/DME extending from the 4.3-mile radius to 5.3 miles
south of the airport, excluding that airspace within a 2.0-mile
radius of Henry Post AAF. This Class D airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Chart Supplement.

Paragraph 6002. Class E Airspace Areas Designated as Surface Areas.

* * * * *

ASW OK E2 Fort Sill, OK [Removed]

* * * * *

ASW OK E2 Lawton, OK [Amended]

Lawton-Fort Sill Regional Airport, OK
    (Lat. 34[deg]34'04'' N, long. 98[deg]25'00'' W)
Lawton VOR/DME
    (Lat. 34[deg]29'46''N, long. 98[deg]24'47'' W)
Henry Post AAF
    (Lat. 34[deg]38'59'' N, long. 98[deg]24'08'' W)

    That airspace extending upward from the surface to and including
3,700 feet MSL within a 4.3-mile radius of Lawton-Fort Sill Regional
Airport, and within 1.1 miles each side of the 167[deg] radial from
the Lawton VOR/DME extending from the 4.3-mile radius to 5.3 miles
south of the airport, excluding that airspace within a 2.0-mile
radius of Henry Post AAF. This Class E airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Chart Supplement.

Paragraph 6004. Class E Airspace Designated as an Extension of
Class D and Class E Surface Areas.

* * * * *

ASW OK E4 Fort Sill, OK [Removed]

Paragraph 6005. Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW OK E5 Lawton, OK [Amended]

Lawton-Fort Sill Regional Airport, OK
    (Lat. 34[deg]34'04'' N, long. 98[deg]25'00'' W)
Lawton VOR/DME
    (Lat. 34[deg]29'46'' N, long. 98[deg]24'47'' W)
Henry Post AAF
    (Lat. 34[deg]38'59'' N, long. 98[deg]24'08'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Lawton-Fort Sill Regional Airport, and
within 4.0 miles each side of the 167[deg] radial from the Lawton
VOR/DME extending from the 6.9-mile radius to 13.1 miles south of
Lawton-Fort Sill Regional Airport, and within a 6.5-mile radius of
Henry Post AAF, and within 4.0 miles each side of the 360[deg]
bearing from Henry Post AAF extending from the 6.5-mile radius to
10.9 miles north of Henry AAF, excluding that airspace within
Restricted Areas R-5601A, R-5601B, and R-5601H when active.

    Issued in Fort Worth, Texas, on April 7, 2018.
Wayne Eckenrode,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-10391 Filed 5-16-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: July 10, 2007 (Volume 72, Number 131)]
[Notices]
[Page 37549-37551]
[DOCID:fr10jy07-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55999; File No. SR-BSE-2007-27]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto To Extend a Pilot Program That Allows for
No Minimum Size Order Requirement for the Price Improvement Period
Process on the Boston Options Exchange

July 2, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the

``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 26, 2007, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the BSE. The
BSE has designated the proposed rule change as a ``non-controversial''
rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders the proposed rule change
effective upon filing with the Commission. On June 27, 2007, BSE filed
Amendment No. 1 to the proposed rule change.\5\ The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ In Amendment No. 1, BSE requested a waiver of the 30-day
operative delay.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The BSE proposes to amend the rules of the Boston Options Exchange
(``BOX'') to extend the BOX pilot program that permits BOX to have no
minimum size requirement for orders entered into the Price Improvement
Period (``PIP'') process (``PIP Pilot Program''). The text of the
proposed rule change is available on BSE's Web site at: http://www.bostonoptions.com
, at BSE's principal office, 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 BSE 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 BSE 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 the proposed rule change is to extend a Pilot
Program under the Rules of the BOX for an additional year. The Pilot
Program allows BOX to have no minimum size requirement for orders
entered into the PIP process.\6\ The proposed rule change retains the
text of Supplementary Material .01 to Section 18 of Chapter V of the
BOX Rules and seeks to extend the operation of the PIP Pilot Program
until July 18, 2008.
---------------------------------------------------------------------------

    \6\ The Pilot Program is currently set to expire on July 18,
2007. See Securities Exchange Act Release No. 54066 (June 29, 2006),
71 FR 38434 (July 6, 2006) (SR-BSE-2006-24); See also Securities
Exchange Act Release Nos. 52149 (July 28, 2005), 70 FR 44704 (August
3, 2005) (SR-BSE-2005-22); and 49068 (January 13, 2004), 69 FR 2775
(January 20, 2004) (SR-BSE-2002-15) (``Original PIP Pilot Program
Approval Order'').
---------------------------------------------------------------------------

    The Exchange notes that the PIP Pilot Program provides small
customer orders with benefits not available under the rules of other
exchanges. One of the important factors of the PIP Pilot Program is
that it guarantees members the right to trade with their customer
orders that are less than 50 contracts. In particular, any order
entered into the PIP is guaranteed an execution at the end of the
auction at a price at least a penny better than the national best bid
or offer.
    In further support of this proposed rule change, and as required by
the Original PIP Pilot Program Approval Order, the Exchange represents
that it has been submitting to the Commission a monthly PIP Pilot
Program Report, offering detailed data from and analysis of the PIP
Pilot Program.
2. Statutory Basis
    The Exchange believes that the data demonstrates that there is
sufficient investor interest and demand to extend the Pilot Program for
another year. The Exchange represents that the proposed rule change is
designed to provide investors with real and significant price
improvement regardless of the size of the order. Accordingly, the
Exchange believes that the proposal is consistent with the requirements
of Section 6(b) of the Act,\7\ in general, and Section 6(b)(5) of the
Act,\8\ in particular, in that it is designed to provide price
improvement to any order, which is consistent with the public interest
and protection of investors from a best execution standpoint.
Additionally, the Exchange believes that price improvement to any size
order creates competition for the best execution of all orders, without
unduly burdening competition.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange 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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) \9\ of the Act and Rule 19b-4(f)(6) thereunder.\10\
As required under Rule 19b-4(f)(6)(iii),\11\ the Exchange provided the
Commission with written notice of its 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 the filing of
the proposed rule change.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
may not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The BSE requests that the Commission
waive the 30-day operative delay, as specified in Rule 19b-
4(f)(6)(iii),\14\ which would make the rule change effective and
operative upon filing. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver would allow the PIP Pilot Program
to continue without interruption through July 18, 2008.\15\
Accordingly, the Commission designates the proposed

rule change operative upon filing with the Commission.
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ Id.
    \15\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate 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.\16\
---------------------------------------------------------------------------

    \16\ The effective date of the original proposed rule is June
26, 2007. The effective date of Amendment No. 1 is June 27, 2007.
For purposes of calculating the 60-day period within which the
Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on June 27, 2007, the date on which the BSE submitted
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-BSE-2007-27 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-BSE-2007-27. 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, 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 BSE. 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-BSE-2007-27 and should be
submitted on or before July 31, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-13309 Filed 7-9-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Rules and Regulations]
[Page 57571-57574]
[DOCID:fr09no09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28281; Directorate Identifier 2006-NM-238-AD;
Amendment 39-16076; AD 2009-23-04]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Boeing Model 767 airplanes. This AD requires repetitive replacement of
the internal electrical feed-through connectors of the boost pumps of
the main fuel tank. This AD results from a report of cracking in the
epoxy potting compound on the internal feed-through connector of the
fuel boost pump in the area of the soldered wire connector lugs. We are
issuing this AD to prevent a hazardous electrical path from the dry
side to the wet side of the fuel boost pump through a cracked feed-
through connector, or between pins or a pin and the shell on one side
of the feed-through connector, which could create an ignition source on
the wet side of the fuel boost pump or cause a fire in the fuel pump
enclosure and lead to subsequent explosion of the fuel tank.

DATES: This AD is effective December 14, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 14,
2009.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
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 address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, 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: Judy Coyle, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6497; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
all Boeing Model 767 airplanes. That NPRM was published in the Federal
Register on May 25, 2007 (72 FR 29282). That NPRM proposed to require
repetitive replacement of the internal electrical feed-through
connectors of the boost pumps of the main fuel tank.

Comments

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

Support for the AD

    Continental Airlines states that it has accomplished the actions
required by the NPRM on all affected airplanes; we infer from this
statement that Continental concurs with the content of the NPRM.

Request To Withdraw AD

    Boeing suggests that we should not issue the AD, not only because
the risk is not to the wet tank side, as stated in the NPRM, but also
in anticipation of the fact that an AD will soon be issued to require
protection of the fuel boost pumps from electrical threats through
implementing a ground fault interrupter (GFI) on fuel boost pump
installations. Boeing adds that affected Model 767 GFI relays have been
qualified, and Boeing issued Service Bulletin 767-28A0085, dated
January 10, 2008; and Revision 1, dated June 25, 2009; which include
procedures for the pump relay removal and replacement.
    Although we understand Boeing's concern, we do not agree to
withdraw the NPRM. The installation of GFI circuit protection is a
significant design improvement to prevent repetitive and prolonged
arcing due to an electrical fault; however, GFI circuit protection does
not eliminate the potential for an electrical fault to create an
ignition source at the time the fault initially occurs. The potential
ignition sources resulting from any single failure in the fuel tanks
must be fully mitigated by design change or other acceptable means,
e.g., repetitive inspections, or life-limited parts. The implementation
of GFI circuit protection provides partial mitigation for this
particular design problem, and it provides at least partial mitigation
for electrical failure modes that may not have been identified.
However, we have determined that it is necessary to require a specific
action to eliminate the ignition threat presented by this connector
failure issue, in addition to eventually adding GFI circuit protection.
We took a similar position on the fuel boost pump power supply conduits
and fuel tank float switch conduits affecting certain other Boeing
airplanes. Due to these factors, we have determined that this AD must
be issued without further delay.

Requests To Change Compliance Time

    ABX Air asks that the limits (compliance times) required by
paragraphs (f) and (g) of the NPRM be specified in pump hours and
calendar time relating to an installed pump, and not airframe hours and
calendar time relating to the airframe. ABX Air states that safe
operation of the fuel boost pump will be ensured by a 40,000-flight-
hour pump replacement interval, and an interval of 96 months while the
pump is installed on the wing. ABX Air adds that the calendar-based
replacement interval is vague and could be misinterpreted; the 96-month
interval could start when the feed-through connector is manufactured or
installed in a pump in a repair shop, or when the pump is installed on
the airplane. ABX Air notes that determining and tracking the
manufacture date of the connectors would be a burdensome task for
operators and would change the scope of the NPRM and necessitate
issuance of a supplemental NPRM. ABX Air states that unless there is
proof that the connector's epoxy develops cracks while in storage, the
calendar time should include/consider the time when the pump is
installed on the airplane. ABX Air adds that the intent of these
actions should be clarified.
    Japan Airlines (JAL) asks that we clarify the compliance time
specified in the NPRM for replacement of the feed-through connector to
specify that the interval is related to in-service operating time. JAL
notes that it started fuel boost pump replacements during maintenance,
before the referenced service information was issued. JAL adds that a
maintenance records review of the pumps should be added to the
compliance time to confirm previous replacement of the connector.
    All Nippon Airways (ANA) asks that the compliance time specified in
the

NPRM for replacement of the fuel boost pump on which the feed-through
connector was replaced prior to issuance of the referenced service
information be extended to 96 months or 40,000 flight hours after
connector replacement.
    UAL recommends that we consider the date of manufacture or total
in-service hours of the pump for the compliance time in paragraphs (f)
and (g) of the NPRM. UAL states that although the proposed compliance
time pertains to the airplane, the FAA intention is to limit the time
in service of the component feed-through connector to 96 months or
40,000 flight hours, whichever comes first. UAL adds that pumps older
than 96 months or having more than 40,000 hours' time-in-service could
be available; however, it is possible that airplanes having less than
96 months or 40,000 total flight hours will have these high-time pumps
installed. UAL states that this will result in the pumps continuing to
be used beyond the 96-month or 40,000-flight-hour compliance time
recommended in the NPRM, without having the feed-through connector
replaced.
    We agree with the commenters. We do not have supporting data to
show that deterioration of the feed-through connector leading to
cracking begins at manufacture; such deterioration could result from
aging of the material. We consider it more likely that the cracking is
due to the changes in pump temperature that occur with each flight
during normal operation, and/or vibration of the fuel boost pump during
operation. However, potted connectors have a longer life in more benign
operating environments. We have changed the compliance times in
paragraphs (f) and (g) of this AD so that the compliance times are
based on the time accrued since installation of a fuel boost pump after
the feed-through connector is replaced. This can be determined through
a maintenance records review or, optionally, based on the date the
connector was replaced.
    In addition, we have re-organized paragraph (g) of this AD and
added paragraph (h) of this AD for clarity. We have revised the
subsequent paragraph identifiers accordingly.

Request To Clarify Paragraph (h) of the NPRM

    ABX Air asks that we revise the NPRM to clarify the parts
installation information specified in paragraph (h) of the NPRM. ABX
states that, to comply with paragraph (h) of the NPRM, the connector
must be replaced with a new connector any time a pump is removed and
reinstalled. ABX notes that a pump could be removed for maintenance
action unrelated to the internal connector, and the removed pump may
have had a new connector installed 10,000 flight hours prior to
removal. ABX adds that to comply with the actions in paragraph (h), the
pump cannot be reinstalled without replacing the internal connector
with a new connector, even though the connector has not exceeded the
40,000-flight-hour limit. ABX Air suggests that the parts installation
requirements in paragraph (h) be changed for clarification.
    We agree that paragraph (i) of this AD (referred to as paragraph
(h) in the NPRM) should be further clarified in light of the previously
identified changes we made to paragraphs (f) and (g) of this AD. We
have clarified the parts installation information specified in
paragraph (i) accordingly.

Request To Perform Actions in Paragraph (g) of the NPRM at Different
Times

    JAL asks that we allow replacement of the feed-through connector in
the pumps on the left and right main fuel tanks to be done at different
times, and asks that an informational note be added to the NPRM to
include this language. JAL provides no justification for its request.
    We infer that JAL would like more flexibility in maintaining its
airplanes, and we agree that replacement of the connectors in
individual fuel pumps can be done separately. We have added a new Note
1 to the AD indicating that it is acceptable to replace the connectors
in different pumps at different times, provided the compliance times
required by paragraph (f) of this AD are met for each pump.

Request To Change Unsafe Condition

    Boeing asks that we change the description of the unsafe condition
in the Summary and Discussion sections of the NPRM, which read as
follows:

    We are proposing this AD to prevent a hazardous electrical path
from the dry side to the wet side of the fuel boost pump through a
cracked feed-through connector, which could create an ignition
source on the wet side of the fuel boost pump and lead to subsequent
explosion of the fuel tank.

    Boeing requests that we change the unsafe condition to the
following:

    We are proposing this AD to address a concern with the existence
of epoxy potting cracks in the dry side area of the soldered wire
connector lugs on the feed-through connector. Cracked epoxy on the
feed-through connector can create an area for conductive debris to
accumulate that could lead to an ignition source in the Flammable
Leakage Zone (FLZ) which is the dry site of the pump installation.

    Boeing states that the change to the description of the unsafe
condition would align the description with that contained in Boeing
Alert Service Bulletins 767-28A0095 and 767-28A0096, for consistency.
Boeing adds that the failure does not propagate to the wet side of the
pump, and the wet side is designed to contain ignition sources.
    We partially agree with the commenter. We agree that clarification
of the unsafe condition is appropriate because a fire external to the
fuel boost pump enclosure is also a concern, and may be the more likely
failure scenario. We disagree that external fire is the only risk
associated with this design problem. Cracking of the connector potting
material can eventually lead to corrosion, or a collection of
contaminants that creates a conductive path between the wet and dry
sides of the pump connector. If the fuel boost pump is operated under
dry conditions, such as a forward boost pump during a go-around
condition, or during defueling on the ground, an ignition source could
occur inside the pump, resulting in ignition of fuel tank vapor. In
addition, a leak of the connector due to cracking, combined with an
ignition source due to a conductive path, could lead to a fire in the
aluminum pump housing. A fire could cause an ignition source due to
burn-through or a hot spot on the housing or the wiring conduit. We
have changed the description of the unsafe condition in the Summary
section and paragraph (d) of this AD to include some of the commenter's
suggestions. The Discussion section of the NPRM is not restated in the
final rule.

Request To Remove Interim Action

    Boeing states that this AD is final action because the combination
of life limits on the connector and eventual installation of ground-
fault circuit protection provides an acceptable level of safety. Boeing
notes that no activity is under way regarding redesign of the feed-
through connector, and adds that no additional rulemaking is necessary
at this time.
    We agree with the commenter's request. We have evaluated the
information provided, and we have removed the Interim Action paragraph
in this AD. However, if further necessary action is later identified,
we might consider further rulemaking then.

Request To Extend Grace Period

    Delta Airlines asks that the grace period required by paragraph
(f)(2) of the NPRM be extended to 36 months to coincide with the
deadline for AD 2007-04-16, amendment 39-14948 (72

FR 7572, February 16, 2007). Delta adds that allowing the extension
would better coordinate the maintenance between the NPRM and AD 2007-
04-16.
    We disagree with the commenter's request. AD 2007-04-16 was not
identified in the NPRM as a related AD because those actions are not
dependent upon the actions required by this AD. Replacing a fuel boost
pump with a pump that has a new connector can be done during an
overnight out-of-service period. In developing the 24-month compliance
time for this AD action, we considered not only the safety implications
of the identified unsafe condition, but the average utilization rate of
the affected fleet, and the practical aspects of an orderly
modification of the fleet during regular maintenance periods. In
addition, we considered the manufacturer's recommendation for an
appropriate compliance time. We have made no change to the AD in this
regard.

Request To Change Paragraph (g)(2) of the NPRM

    ANA states that the feed-through connector replacement was
recommended in a preliminary revision of the referenced service
information, but the re-identification method was not. ANA has replaced
several fuel boost pumps but has not yet done the re-identification.
ANA notes that, for this reason, the words ``and re-identified'' should
be deleted from paragraph (g)(2) of the AD. ANA adds that if those
words are left in that paragraph, a new optional paragraph should be
added with the following compliance time: ``Within 96 months since the
last replacement date of feed-through connector or before the
accumulation of 40,000 flight hours after the last replacement of feed-
through connector, whichever comes first.''
    We do not agree with the commenter's requests. As noted previously,
we have changed the compliance times in paragraphs (f) and (g) of this
AD to set life limits based on the time accrued. Further, we consider
re-identifying the pumps to be important for tracking the status of the
fuel boost pumps. However, if operators have adequate maintenance
records for the pumps, and a program is in place to ensure that feed-
through connector replacements are done in a timely manner and endorsed
by the FAA, we would consider a request for approval of an alternative
method of compliance (AMOC) to the AD requirements according to the
provisions of paragraph (j) of this AD. We have made no change to the
AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 941 airplanes of the affected design in the
worldwide fleet. This AD affects about 414 airplanes of U.S. registry,
at an average labor rate of $80 per work hour.
    The fuel boost pump replacement will take about 3 work hours per
boost pump (4 boost pumps per airplane) or up to 12 work hours per
airplane, per replacement cycle. The parts cost for replacement fuel
boost pumps will be offset by returning the existing fuel boost pumps
to the manufacturer for rework. Based on these figures, the estimated
cost of the AD for U.S. operators to replace the fuel boost pumps is up
to $397,440, or up to $960 per airplane, per replacement cycle.
    The feed-through connector replacement will take about 3 work hours
per connector (4 connectors per airplane) or up to 12 work hours per
airplane, per replacement cycle. Required parts will cost $691 per
connector (up to $2,764 per airplane). Based on these figures, the
estimated cost of the AD for U.S. operators to replace the feed-through
connectors is up to $1,541,736, or up to $3,724 per airplane, per
replacement cycle.

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

    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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

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 FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2009-23-04 Boeing: Amendment 39-16076. Docket No. FAA-2007-28281;
Directorate Identifier 2006-NM-238-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 14,
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 767-200, -300, -300F,
and -400ER series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report of cracking in the epoxy
potting compound on the internal feed-through connector of the fuel
boost pump in the area of the soldered wire connector lugs. We are
issuing this AD to prevent a hazardous electrical path from the dry
side to the wet side of the fuel boost

pump through a cracked feed-through connector, or between pins or a
pin and the shell on one side of the feed-through connector, which
could create an ignition source on the wet side of the fuel boost
pump or cause a fire in the fuel boost pump enclosure and lead to
subsequent explosion of the fuel tank.

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.

Compliance Times for Initial Replacement

    (f) For each main tank fuel boost pump: At the latest of the
times specified in paragraphs (f)(1), (f)(2), and (f)(3) of this AD,
do the actions specified in paragraph (g) of this AD, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 767-28A0095 or 767-28A0096; both dated September 15, 2005;
as applicable.
    (1) Within 96 months since the date of the first installation of
the fuel boost pump or before the accumulation of 40,000 flight
hours on the fuel boost pump, whichever comes first.
    (2) Within 96 months since the date of replacement of the feed-
through connector, or before the accumulation of 40,000 flight hours
on the fuel boost pump since the date of replacement of the feed-
through connector, whichever comes first.
    (3) Within 24 months after the effective date of this AD.

Replacement of Fuel Boost Pump Feed-Through Connector

    (g) At the compliance time specified in paragraph (f) of this
AD: Replace the feed-through connector of each fuel boost pump as
described in paragraph (g)(1) or (g)(2) of this AD.
    (1) Replace the fuel boost pump with a new fuel boost pump.
    (2) Replace the fuel boost pump with a modified and re-
identified fuel boost pump having a new feed-through connector
installed.

    Note 1: Replacing the feed-through connector of each fuel boost
pump, as required by paragraph (g) of this AD, may be done in
different fuel boost pumps at different times provided the
compliance times required by paragraph (f) of this AD are met for
each pump.

    Note 2: Boeing Alert Service Bulletins 767-28A0095 and 767-
28A0096, both dated September 15, 2005, refer to Hamilton Sundstrand
Alert Service Bulletin 5006003-28-A4, dated May 9, 2005, as a source
of guidance for replacing the feed-through connector and re-
identifying the fuel boost pump.

Repetitive Replacements

    (h) Repeat the replacement required by paragraph (g) of this AD
thereafter at intervals not to exceed the applicable times specified
in paragraphs (h)(1) and (h)(2) of this AD:
    (1) For airplanes on which the replacement specified in
paragraph (g)(1) of this AD is done: Within 96 months since the date
of the first installation of the fuel boost pump or before the
accumulation of 40,000 flight hours on the fuel boost pump,
whichever comes first.
    (2) For airplanes on which the replacement specified in
paragraph (g)(2) of this AD is done: Within 96 months since the date
of replacement of the feed-through connector or before the
accumulation of 40,000 flight hours on the fuel boost pump since the
date of replacement of the feed-through connector, whichever comes
first.

Parts Installation

    (i) As of the effective date of this AD, no person may install a
fuel boost pump on any airplane, unless that pump has a feed-through
connector that meets the requirements of paragraphs (f) and (g) of
this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to Judy
Coyle, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Or, e-mail information to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (k) You must use Boeing Alert Service Bulletin 767-28A0095,
dated September 15, 2005; or Boeing Alert Service Bulletin 767-
28A0096, dated September 15, 2005; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26585 Filed 11-6-09; 8:45 am]

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