[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Page 4321]
[FR Doc No: 2015-01426]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74116; File No. 10-214]

Automated Matching Systems Exchange, LLC; Notice of Designation
of a Longer Period for Commission Action on Proceedings To Determine
Whether To Grant or Deny a Limited Volume Exemption From Registration
as a National Securities Exchange Under Section 5 of the Securities
Exchange Act of 1934

January 22, 2015.
    On July 7, 2014, Automated Matching Systems Exchange, LLC
(``AMSE'') submitted to the Securities and Exchange Commission
(``Commission'') an application seeking a limited volume exemption
under Section 5 of the Securities Exchange Act (``Exchange Act'') from
registration as a national securities exchange under Section 6 of the
Exchange Act.\1\ Notice of AMSE's exemption application was published
for comment in the Federal Register on July 29, 2014.\2\ On October 23,
2014, the Commission issued an order instituting proceedings to
determine whether to grant or deny AMSE's exemption application.\3\ On
November 10, 2014, AMSE submitted Amendment No. 1 to its exemption
application. Notice of Amendment No. 1 to AMSE's exemption application
was published for comment in the Federal Register on December 30,
2014.\4\
---------------------------------------------------------------------------

    \1\ The Commission notes that AMSE's application only seeks a
limited volume exemption under Section 5 of the Exchange Act from
registration as a national securities exchange under Section 6 of
the Exchange Act. AMSE's application does not seek to register as a
national securities exchange.
    \2\ See Securities Exchange Act Release No. 72661 (July 23,
2014), 79 FR 44070 (``Notice'').
    \3\ See Securities Exchange Act Release No. 73419 (October 23,
2014), 79 FR 64421 (October 29, 2014) (``Order Instituting
Proceedings'').
    \4\ See Securities Exchange Act Release No. 73991 (December 22,
2014), 79 FR 78507 (action by delegated authority) (``Amendment
Notice'').
---------------------------------------------------------------------------

    Section 19(a) of the Exchange Act provides that the Commission
shall, upon the filing of an application for registration as a national
securities exchange pursuant to Section 6 of the Exchange Act,\5\
publish notice of such filing and afford interested persons an
opportunity to submit written data, views, and arguments concerning
such application, and within 90 days of the date of publication of such
notice (or within such longer period as to which the applicant
consents), by order grant such registration or institute proceedings to
determine whether such registration should be denied. Such proceedings
must be concluded within 180 days of the date of a publication of
notice of the filing of the application for registration.\6\ However,
the Commission may extend the time for conclusion of such proceedings
for up to 90 days if it finds good cause for such extension and
publishes its reasons for so finding or for such longer period as to
which the applicant consents. AMSE's exemption application was
published for notice and comment in the Federal Register on July 29,
2014.\7\ The 180th day after publication of the notice of AMSE's
exemption application in the Federal Register is January 25, 2014, and
the 270th day after publication of the notice of AMSE's exemption
application in the Federal Register is April 25, 2015.
---------------------------------------------------------------------------

    \5\ AMSE's exemption application has been filed pursuant to
Section 5 of the Exchange Act. The Commission is affording AMSE's
exemption application a process similar to that for exchange
registration applications under Section 19(a) of the Exchange Act.
    \6\ See id. and Section 19(a) of the Exchange Act.
    \7\ Id.
---------------------------------------------------------------------------

    The Commission finds that good cause exists to extend the time for
conclusion of the proceedings to determine whether to grant or deny
AMSE's exemption application in order for the Commission to have
sufficient time to consider AMSE's amended exemption application,
including any comment letters received on AMSE's amended exemption
application.\8\ Accordingly, pursuant to Section 19(a)(1)(B) of the
Exchange Act, the Commission extends the time for conclusion of the
proceedings to determine whether to grant or deny AMSE's exemption
application to April 24, 2015.
---------------------------------------------------------------------------

    \8\ See supra note 4.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2015-01426 Filed 1-26-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73607-73610]
[FR Doc No: 2020-25466]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0978; Project Identifier MCAI-2020-00459-R;
Amendment 39-21318; AD 2020-23-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Model EC225LP helicopters. This AD was prompted by a
report of a manufacturing and control issue regarding the ceramic balls
in the bearing installed in the swashplate assembly of the main rotor
mast assembly. This AD requires repetitive inspections of the bearing
in the swashplate assembly of the main rotor mast assembly for
discrepancies (ceramic balls that have a hard point or sensitive axial
play or both) and, depending on the findings, replacement of an
affected main rotor mast assembly with a serviceable main rotor mast
assembly, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD becomes effective December 4, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 4,
2020.
    The FAA must receive comments on this AD by January 4, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49
221 8999 1000; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0978.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0978; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

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

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0079, dated April 1, 2020 (EASA
AD 2020-0079) (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus Helicopters Model EC225LP helicopters. This AD
was prompted by a report of a manufacturing and control issue regarding
the ceramic balls of the bearing installed in the swashplate assembly
of the main rotor mast assembly.
    The FAA is issuing this AD to address defective ceramic balls in
the bearing installed in the swashplate assembly of the main rotor mast
assembly, which could lead to premature spalling of the ball itself and
of the bearing, loss of function of the bearing, and overload of the
main rotor mast scissor, resulting in reduced control of the
helicopter. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0079 describes procedures for repetitive inspections
of the main rotor mast swashplate assembly for discrepancies (ceramic
balls that have a hard point or sensitive axial play or both), and
replacement of an affected main rotor mast assembly with a serviceable
main rotor mast assembly. This material is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

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

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2020-0079 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Difference Between this AD and
the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers

and civil aviation authorities (CAAs) to use this process. As a result,
EASA AD 2020-0079 is incorporated by reference in this final rule. This
AD, therefore, requires compliance with EASA AD 2020-0079 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in the EASA AD does not mean that operators need comply only with that
section. For example, where the AD requirement refers to ``all required
actions and compliance times,'' compliance with this AD requirement is
not limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in the EASA AD. Service information specified in EASA AD
2020-0079 that is required for compliance with EASA AD 2020-0079 is
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0978.

Difference Between This AD and the MCAI

    Although the service information referenced in EASA AD 2020-0079
specifies to return affected parts to the manufacturer, this AD does
not include that requirement.

Interim Action

    The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.)
authorizes agencies to dispense with notice and comment procedures for
rules when the agency, for ``good cause'' finds that those procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Under this section, an agency, upon finding good cause, may issue a
final rule without seeking comment prior to the rulemaking.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because defective ceramic balls in the bearing installed in the
swashplate assembly of the main rotor mast assembly could lead to
premature spalling of the ball itself and of the bearing, loss of
function of the bearing, and overload of the main rotor mast scissor,
resulting in reduced control of the helicopter. In addition, the
compliance time for the required action is shorter than the time
necessary for the public to comment and for publication of the final
rule. Therefore, the FAA finds good cause that notice and opportunity
for prior public comment are impracticable. In addition, for the
reasons stated above, the FAA finds that good cause exists pursuant to
5 U.S.C. 553(d) for making this amendment effective in less than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written comments,
data, or views about this AD. 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 submit only one
copy of the comments. Send your comments to an address listed under the
ADDRESSES section. Include ``Docket No. FAA-2020-0978; Project
Identifier MCAI-2020-00459-R'' at the beginning of your comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this AD. The FAA will consider all comments
received by the closing date for comments. The FAA may amend this AD
because of those comments.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to
Kathleen Arrigotti, Aviation Safety Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Any commentary that the FAA receives that
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 30 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                   Cost per
                  Labor cost                      Parts cost        product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340, per                     $0            $340  $10,200, per inspection.
 inspection.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required action. The FAA has no way of determining the number of
helicopters that might need this on-condition action:

                Estimated Costs of On-Condition Action *
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....             (*)           * $340
------------------------------------------------------------------------
* The FAA has not received any definitive data regarding the parts cost,
  therefore this table does not include estimated costs for parts.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA 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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-23-02 Airbus Helicopters: Amendment 39-21318; Docket No. FAA-
2020-0978; Project Identifier MCAI-2020-00459-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 4,
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model EC225LP helicopters,
certificated in any category, all manufacturer serial numbers.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6230, Main Rotor
Mast/Swashplate.

(e) Reason

    This AD was prompted by a report of a manufacturing and control
issue regarding the ceramic balls in the bearing installed in the
swashplate assembly of the main rotor mast assembly. The FAA is
issuing this AD to address defective ceramic balls in the bearing
installed in the swashplate assembly of the main rotor mast
assembly, which could lead to premature spalling of the ball itself
and of the bearing, loss of function of the bearing, and overload of
the main rotor mast scissor, resulting in reduced control of the
helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0079, dated April 1, 2020 (EASA AD 2020-0079).

(h) Exceptions to EASA AD 2020-0079

    (1) Where EASA AD 2020-0079 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0079 does not apply
to this AD.
    (3) Although the service information referenced in EASA AD 2020-
0079 specifies to return affected parts to the manufacturer, this AD
does not include that requirement.
    (4) Where the service information referenced in EASA AD 2020-
0079 specifies ``compliance with the works steps concerned with the
check is described in a video'' this AD requires a complete rotation
of the swashplate in both directions using a rate of one revolution
per minute.

    Note 1 to paragraph (h)(4): Refer to the video specified in the
service information referenced in EASA AD 2020-0079 for guidance.

    (5) Where EASA AD 2020-0079 refers to flight hours, this AD
requires using hours time-in-service. The guidance provided by Note
1 to Table 1 in EASA AD 2020-0079 is still applicable.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0079
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

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

(k) Related Information

    For more information about this AD, Kathleen Arrigotti, Aviation
Safety Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0079,
dated April 1, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0079, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet

www.easa.europa.eu. You may find this EASA AD on the EASA website at
https://ad.easa.europa.eu.
    (4) You may view this IBR material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 27, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-25466 Filed 11-18-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 23, 2006 (Volume 71, Number 204)]
[Notices]
[Page 62106]
[DOCID:fr23oc06-46]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-1220-000]

USEG, LLP; Notice of Issuance of Order

October 16, 2006.
    USEG, LLP (USEG) filed an application for market-based rate
authority, with an accompanying rate schedule. The proposed market-
based rate schedule provides for the sale of energy, capacity and
ancillary services at market-based rates. USEG also requested waivers
of various Commission regulations. In particular, USEG requested that
the Commission grant blanket approval under 18 CFR Part 34 of all
future issuances of securities and assumptions of liability by USEG.
    On July 28, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under Part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approvals of issuances of securities or assumptions of liability by
USEG should file a motion to intervene or protest with the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure. 18 CFR 385.211, 385.214 (2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is November 15, 2006.
    Absent a request to be heard in opposition by the deadline above,
USEG is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
USEG, compatible with the public interest, and is reasonably necessary
or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of USEG's issuance of securities or assumptions of
liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-17628 Filed 10-20-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Notices]
[Page 8339-8340]
[DOCID:fr24fe10-75]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0787; FRL-8809-7]

Difenzoquat; Product Cancellation Order for Certain Pesticide
Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the cancellation,
voluntarily requested by the registrant and accepted by the Agency, of
products containing the pesticide difenzoquat, pursuant to section
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation order follows a November 25,
2009 Federal Register Notice of Receipt of Request from the registrant
listed in Table 1 to voluntarily cancel these product registrations.
These are the last products containing these pesticides registered for
use in the United States. In the November 25, 2009 Notice, EPA
indicated that it would issue an order implementing the cancellations,
unless the Agency received substantive comments within the 30-day
comment period that would merit its further review of these requests,
or unless the registrant withdrew their request within this period. The
Agency did not receive any comments on the Notice. Further, the
registrant did not withdraw their request. Accordingly, EPA hereby
issues in this Notice a cancellation order granting the requested
cancellations. Any distribution, sale, or use of the products subject
to this cancellation order is permitted only in accordance with the
terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective February 24, 2010.

FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may 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 Information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0787. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. What Action is the Agency Taking?

    This Notice announces the cancellation, as requested by
registrants, of products registered under section 3 of FIFRA. These
registrations are listed in sequence by registration number in Table 1
of this unit.

              Table 1. -- Difenzoquat Product Cancellations
------------------------------------------------------------------------
       Registration Number           Product Name           Company
------------------------------------------------------------------------
5481-536                          Avenge Technical    AMVAC Chemical
                                   Herbicide           Corporation
------------------------------------------------------------------------
5481-537                          Avenge Wild Oat     AMVAC Chemical
                                   Herbicide           Corporation
------------------------------------------------------------------------
5481-538                          Avenge SG Wild Oat  AMVAC Chemical
                                   Herbicide           Corporation
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number.

              Table 2. -- Registrants of Cancelled Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
5481                                        AMVAC Chemical Corporation
                                            4695 MacArthur Court, Suite
                                             1250
                                            Newport Beach, California
                                             92660-1706
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
in response to the November 25, 2009 Federal Register Notice announcing
the Agency's receipt of the request for voluntary cancellation of
products listed in Table 1.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellation of difenzoquat registrations identified in Table 1 of Unit
II. Accordingly, the Agency orders that the product registrations
identified in Table 1 of Unit II are hereby canceled. Any distribution,
sale, or use of existing stocks of the products identified in Table 1
of Unit II in a manner inconsistent with any of the Provisions for
Disposition of Existing Stocks set forth in Unit VI will be considered
a violation of FIFRA.

V. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a Notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

VI. Provisions for Disposition of Existing Stocks

    EPA's existing stocks policy (56 FR 29362) provides that: ``If a
registrant requests to voluntarily cancel a registration where the
Agency has identified no particular risk concerns, the registrant has
complied with all applicable conditions of reregistration, conditional
registration, and data call ins, and the registration is not subject to
a Registration Standard, Label Improvement Program, or reregistration
decision, the Agency will generally permit a registrant to sell or
distribute existing stocks for 1-year after the cancellation request
was received. Persons other than registrants will generally be allowed
to sell, distribute, or use existing stocks until such stocks are
exhausted.''
    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The effective date of this cancellation is
February 24, 2010. The cancellation order that is the subject of this
Notice includes the following existing stock provisions:
    The registrant may sell and distribute existing stocks of products
listed in Table 1 of Unit II until December 31, 2010. Persons other
than the registrant may sell and distribute existing stocks of products
listed in Table 1 until exhausted. Use of the products listed in Table
1 may continue until existing stocks are exhausted, provided that such
use is consistent with the terms of the previously approved labeling
on, or that accompanied, the canceled products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 3, 2010
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. 2010-3503 Filed 2-23-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register: February 1, 2008 (Volume 73, Number 22)]
[Notices]
[Page 6234-6235]
[DOCID:fr01fe08-130]

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

SECURITIES AND EXCHANGE COMMISSION

[(Release No. 34-57217; File No. SR-FINRA-2008-003]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Extend the Pilot Regarding the Use of Multiple
MPIDs on the Trade Reporting Facilities and the Alternative Display
Facility

January 28, 2008.
    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 January 18, 2008, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) 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 FINRA. FINRA
has filed the proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

    FINRA is proposing to amend NASD Rules 4613A and 5140 to extend
through January 30, 2009, the current rules regarding the use of
multiple Market Participant Symbols (``MPIDs'') on the Trade Reporting
Facilities (``TRFs'') and the Alternative Display Facility (``ADF'').
The text of the proposed rule change is available at http://www.finra.org
, the principal office of FINRA, and the Commission's

Public Reference Room.

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

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

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

1. Purpose
    (A) NASD Rule 4613A and IM-4613A-1
    NASD Rule 4613A(b) (Character of Quotations) provides that a
Registered Reporting ADF electronic communications network (``ECN'')
may request additional MPIDs for displaying quotes and orders and
reporting trades through the ADF trade reporting facility, the Trade
Reporting and Comparison Service, for any ADF-Eligible Security. A
Registered Reporting ADF ECN that is permitted the use of additional
MPIDs for displaying quotes and orders is subject to the same rules
applicable to the member's first quotation (i.e., an ECN that displays
one or more additional quotes/orders is required to comply with all
rules applicable to ECNs in their display of quotes/orders). A
Registered Reporting ADF ECN is also prohibited from using an
additional MPID to accomplish indirectly what it is prohibited from
doing directly through its Primary MPID. In addition, FINRA staff
retains full discretion to determine whether a bona fide regulatory
and/or business need exists for being granted an additional MPID and to
limit or withdraw the additional MPID display privilege at any time.
The procedures for requesting, and the restrictions surrounding the use
of, multiple MPIDs are set forth in IM-4613A-1 (Procedures for
Allocation of Multiple MPIDs).
    The Commission approved NASD Rule 4613A(b) and IM-4613A-1 on a
pilot basis on August 11, 2006.\5\ By its terms, the initial pilot
period expired on January 26, 2007.\6\ On January 31, 2007, the
Commission approved a one-year extension of the pilot period until
January 25, 2008.\7\ FINRA believes that an additional one-year
extension until January 30, 2009, will provide additional time to
analyze the use of multiple MPIDs on the ADF. FINRA is not proposing
any other changes to the pilot as this time.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 54307 (August 11,
2006), 71 FR 47551 (August 17, 2006).
    \6\ The expiration of the pilot period coincided with the
expiration of the ADF pilot period. See Securities Exchange Act
Release No. 53699 (April 21, 2006), 71 FR 25271 (April 28, 2006). On
January 26, 2007, the Commission approved a proposed rule change to
make the ADF rules permanent. See Securities Exchange Act Release
No. 55181 (January 26, 2007), 72 FR 5093 (February 2, 2007).
    \7\ See Securities Exchange Act Release No. 55206 (January 31,
2007), 72 FR 5479 (February 6, 2007).
---------------------------------------------------------------------------

    (B) NASD Rule 5140 and IM-5140
    NASD Rule 5140 (Multiple MPIDs for Trade Reporting Facility
Participants) provides that any Trade Reporting Facility Participant
that wishes to use more than one MPID for purposes of reporting trades
to a TRF must submit a written request to, and obtain approval from,
NASD Operations for such additional MPIDs. In addition, IM-5140 (Use of
Multiple MPIDs) states that FINRA considers the issuance of, and trade
reporting with, multiple MPIDs to be a privilege and not a right. A
Trade Reporting Facility Participant must identify the purpose(s) and
system(s) for which the multiple MPIDs will be used. If FINRA
determines that the use of multiple MPIDs is detrimental to the
marketplace, or that a Trade Reporting Facility Participant is using
one or more additional MPIDs improperly or for other than the
purpose(s) identified by the Participant, FINRA staff retains full
discretion to limit or withdraw its grant of the additional MPID(s) to
such Trade Reporting Facility Participant. FINRA believes that Rule
5140 and IM-5140 are necessary to consolidate the process of issuing,
and tracking the use of, multiple MPIDs used to report trades to TRFs.
    The Commission approved NASD Rule 5140 on a pilot basis on November
6, 2006.\8\ By its terms, the pilot period expired on January 26, 2007.
On January 31, 2007, the Commission approved a one-year extension of
the pilot period until January 25, 2008.\9\ FINRA believes that an
additional one-year extension until January 30, 2009, will provide
additional time to analyze the use of multiple MPIDs on the TRFs. FINRA
is not proposing any other changes to the pilot as this time.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 54715 (November 6,
2006), 71 FR 66354 (November 14, 2006); see also Securities Exchange
Act Release No. 54715A (November 14, 2006), 71 FR 67183 (November
20, 2006) (correcting original approval order).
    \9\ See Securities Exchange Act Release No. 55206 (January 31,
2007), 72 FR 5479 (February 6, 2007).
---------------------------------------------------------------------------

    FINRA is proposing to implement the proposed rule change on January
25, 2008.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\10\ which requires, among
other things, that FINRA rules be designed to prevent fraudulent and
manipulative acts and

practices, to promote just and equitable principles of trade, and, in
general, to protect investors and the public interest. FINRA believes
that the proposed rule change is consistent with these requirements
because it will provide a process by which ECNs (in the case of the
ADF) and Trade Reporting Facility Participants (in the case of TRFs)
can request, and FINRA can properly allocate, the use of additional
MPIDs for displaying quotes and orders through the ADF or reporting
trades to a TRF.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will impose
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

    FINRA has neither solicited nor received written 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 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, if
consistent with the protection of investors and public interest, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and
Rule 19b-4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19-4(f)(6). In addition, Rule 19-4(f)(6)(iii)
requires that a self-regulatory organization submit to the
Commission 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 filing of
the proposed rule change, or such shorter time as designated by the
Commission. FINRA has satisfied this requirement.
---------------------------------------------------------------------------

    FINRA has requested that the Commission waive the 30-day operative
delay, which would make the rule change operative immediately upon
filing with the Commission. The Commission believes waiving the 30-day
operative date is consistent with the protection of investors and the
public interest because the proposed rule change extends without
interruption the benefits of a pilot program that the Commission
approved and previously extended.\13\ Furthermore, the Commission
agrees that extending the pilot for another year will provide
additional time for FINRA to analyze the use of multiple MPIDs on the
ADR. For these reasons, the Commission designates the proposal to be
effective and operative upon filing with the Commission.\14\
---------------------------------------------------------------------------

    \13\ See supra notes 5 through 9.
    \14\ For purposes only of waiving the 30-day pre-operative
period, the Commission has considered the impact of the proposed
rule change on efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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.\15\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form http://www.sec.gov/rules/sro.shtml.
; or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-FINRA-2008-003 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-FINRA-2008-003. 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 FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2008-003 and should be
submitted on or before February 22, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E8-1850 Filed 1-31-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Notices]
[Page 47335-47337]
[DOCID:fr05au10-104]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62597; File No. SR-BATS-2010-020]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Establish
a Short Term Option Program

July 29, 2010.
    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 July 27, 2010, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission (``SEC'' or
``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 this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act\3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders it effective upon filing with the
Commission. 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)(iii).
---------------------------------------------------------------------------

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

    The Exchange is proposing to amend Rule 19.6 (Series of Options
Contracts Open for Trading) and Rule 29.11 (Terms of Index Options
Contracts) in order to list option series that expire one week after
being opened for trading; to add the definitions of Quarterly Options
Series and Short Term Option Series to Rules 16.1 and 29.2; and to
renumber and reletter definitions in Rule 16.1 and Rule 29.2.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, on the Commission's Web site at http://www.sec.gov, 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 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 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to establish a short
term option program on the Exchange (``STO Program'' or ``Short Term
Option Program'') by proposing to add new Rule 19.6, Interpretation
Policy .05 and Rule 29.11(h) in order to list option series that expire
one week after being opened for trading (``Short Term Option Series''
or ``STO''). The Exchange also proposes to add the definitions of
``Quarterly Options Series'' and ``Short Term Option Series'' to Rule
16.1 and Rule 29.2 ,\5\ and to renumber and reletter definitions in
Rule 16.1 and Rule 29.2.
---------------------------------------------------------------------------

    \5\ Short Term Option Series is defined as: A series in an
option class that is approved for listing and trading on the
Exchange in which the series is opened for trading on any Thursday
or Friday that is a business day and that expires on the Friday of
the next business week. If a Thursday or Friday is not a business
day, the series may be opened (or shall expire) on the first
business day immediately prior to that Thursday or Friday,
respectively. Proposed Rules 16.1(a)(56) and 29.2(n).
---------------------------------------------------------------------------

    The Commission approved the Short Term Option Program on a pilot
basis in 2005 and approved permanent establishment of the Short Term
Option Program in 2009 on behalf of Chicago Board Options Exchange
(``CBOE'') in its Rules 5.5 and 24.9.\6\ Thereafter, CBOE amended Rules
5.5 and 24.9 to permit opening Short Term Option Series not just on
Friday but also on Thursday.\7\

Recently, other options exchanges have established or implemented as
permanent Short Term Option Programs.\8\ The Exchange's proposal is
based directly on the short term option program (Weeklys Program) in
CBOE Rules 5.5 and 24.9; PHLX Rules 1012 and Rule 1101A; NOM Rules
Chapter IV, Section 6 and Chapter XIV, Section 11; BOX Rules Chapter
IV, Section 6 and Chapter XIV, Section 10; NYSE Arca Rules 5.19 and
6.4; NYSE Amex Rules 903C and 903; and ISE Rules 504 and 2009.
---------------------------------------------------------------------------

    \6\ CBOE refers to its short term option program as the
``Weeklys Program.'' See Securities Exchange Act Release Nos. 52011
(July 12, 2005), 70 FR 41451 (July 19, 2005) (SR-CBOE-2004-63)
(approval order establishing Weeklys Pilot Program) and 59824 (April
27, 2009), 74 FR 20518 (May 4, 2009) (SR-CBOE-2009-018) (approval
order permanently establishing Weeklys Program).
    \7\ See Securities Exchange Act Release No. 62170 (May 25,
2010), 75 FR 30889 (June 2, 2010) (SR-CBOE-2010-048) (notice of
filing and immediate effectiveness allowing opening Short Term
Option Series on any Thursday or Friday).
    \8\ See Securities Exchange Act Release Nos. 62296 (June 15,
2010), 75 FR 35115 (June 21, 2010) (SR-PHLX-2010-084) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change by
NASDAQ OMX PHLX, Inc. To Establish a Short Term Option Program);
62297 (June 15, 2010), 75 FR 35111 (June 21, 2010) (SR-NOM-2010-073)
(Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change by The NASDAQ Stock Market LLC To Establish a Short Term
Option Program); 62369 (June 23, 2010), 75 FR 37868 (June 23, 2010)
(SR-Arca-2010-059) (Notice of Filing and Immediate Effectiveness of
Proposed Rule Change by NYSE Arca To Expand and Permanently
Establish its Short Term Option Program); 62370 (June 23, 2010), 75
FR 35870 (June 30, 2010) (SR-Amex-2010-062) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change by NYSE Amex, LLC To
Expand and Permanently Establish Its Short Term Option Program).
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to establish a Short Term
Option Program for non-index options (e.g., equity options and ETF
options) in new Interpretation and Policy .05 to Rule 19.6; and for
index options in new Rule 29.11(h). The Short Term Option Program
allows the Exchange to list and trade Short Term Option Series. Thus,
after an option class has been approved for listing and trading on the
Exchange, the Exchange may open for trading on any Thursday or Friday
that is a business day (``Short Term Option Opening Date'') series of
options on that class that expire on the Friday of the following
business week that is a business day (``Short Term Option Expiration
Date''). If the Exchange is not open for business on the respective
Thursday or Friday, the Short Term Option Opening Date will be the
first business day immediately prior to that respective Thursday or
Friday. Similarly, if the Exchange is not open for business on the
Friday of the following business week, the Short Term Option Expiration
Date will be the first business day immediately prior to that
Friday.\9\
---------------------------------------------------------------------------

    \9\ See proposed Rule 19.6, Interpretation and Policy .05 and
Rule 29.11(h).
---------------------------------------------------------------------------

    Under the STO Program, the Exchange may select up to five (5)
approved option classes on which Short Term Option Series could be
opened. The Exchange also may list Short Term Option Series on any
option classes that are selected by other securities exchanges that
employ a similar program under their respective rules.\10\ For each
class selected for the STO Program, the Exchange may open up to twenty
Short Term Option Series for each expiration date in that class, with
approximately the same number of strike prices above and below the
value of the underlying security or calculated index value at about the
time that the Short Term Option Series is opened. The interval between
strike prices on Short Term Option Series shall be the same as the
strike prices for series in that same option class that expire in
accordance with the normal monthly expiration cycle.\11\
---------------------------------------------------------------------------

    \10\ See proposed Rule 19.6, Interpretation and Policy .05(a)
and Rule 29.11(h)(l).
    \11\ See proposed Rule 19.6, Interpretation and Policy .05(e)
and Rule 29.11(h)(5).
---------------------------------------------------------------------------

    Any strike prices listed by the Exchange shall be within thirty
percent (30%) above or below the current value of the underlying
index.\12\ If the Exchange opens less than twenty Short Term Option
Series for a given expiration date, additional series may be opened for
trading on the Exchange when the Exchange deems it necessary to
maintain an orderly market, to meet customer demand, or when the
current value of the underlying security or index moves substantially
from the previously listed exercise prices. The total number of series
for a given expiration date, however, will not exceed twenty series.
Any additional strike prices listed by the Exchange shall be within 30%
above or below the current price of the underlying security. The
Exchange may also open additional strike prices of Short Term Option
Series that are more than 30% above or below the current price of the
underlying security provided that demonstrated customer interest exists
for such series, as expressed by institutional, corporate or individual
customers or their brokers. Market-Makers trading for their own account
shall not be considered when determining customer interest under this
provision. Moreover, the opening of the new Short Term Option Series
shall not affect the series of options of the same class previously
opened.\13\
---------------------------------------------------------------------------

    \12\ See proposed Rule 19.6, Interpretation and Policy .05(c)
and Rule 29.11(h)(3).
    \13\ See proposed Rule 19.6, Interpretation and Policy .05(d)
and Rule 29.11(h)(4).
---------------------------------------------------------------------------

    The Short Term Option Program provides that no Short Term Option
Series may expire in the same week in which monthly option series on
the same class expire or, in the case of Quarterly Options Series, on
an expiration that coincides with an expiration of Quarterly Options
Series on the same class.\14\ With regard to the impact of this
proposal on system capacity, the Exchange has analyzed its capacity and
represents that it and the Options Price Reporting Authority (``OPRA'')
have the necessary systems capacity to handle the potential additional
traffic associated with the listing and trading of options pursuant to
the Short Term Option Program.
---------------------------------------------------------------------------

    \14\ See proposed Rule 19.6, Interpretation and Policy .05(b)
and Rule 29.11(h)(2). Moreover, the Exchange expects that Short Term
Option Series will settle (e.g., in terms of A.M. or P.M.) in the
same manner as do the monthly expiration series in the same option
class.
---------------------------------------------------------------------------

    Finally, the Exchange proposes to add a definition of Quarterly
Options Series (``QOS'') to Rule 16.1 and Rule 29.2. The definition was
inadvertently left out when the rules for BATS Options, including QOS
listing standards, were adopted for the Exchange,\15\ and the addition
conforms the noted BATS Options rule language to Phlx Rules 1000 and
1000A as well as the rules of CBOE.
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 61419 (January 26,
2010), 75 FR 5157 (February 1, 2010) (SR-BATS-2009-031) (notice of
approval of a proposal to establish rules governing the trading of
options on the BATS Options Exchange).
---------------------------------------------------------------------------

    The Exchange believes that the Short Term Option Program will
provide investors with a flexible and valuable tool to manage risk
exposure, minimize capital outlays, and be more responsive to the
timing of events affecting the securities that underlie options
contracts. The Exchange also believes that providing the flexibility to
list all Short Term Option series (equity and index) on any Thursday or
Friday will help implement the program more effectively and avoid
investor confusion.
    The Exchange has agreed for the purposes of this filing, to submit
one report to the Commission providing an analysis of the Exchange's
Short Term Option Program (the ``Report''). The Report will cover the
period from the date of effectiveness of the STO Program through the
first quarter of 2011, and will describe the experience of the Exchange
with the STO Program in respect of the options classes included by the
Exchange in such program.\16\ The

Report will be submitted by May 1, 2011, under separate cover and will
seek confidential treatment under the Freedom of Information Act.
---------------------------------------------------------------------------

    \16\ The Report would include the following: (1) Data and
written analysis on the open interest and trading volume in the
classes for which Short Term Option Series were opened; (2) an
assessment of the appropriateness of the option classes selected for
the STO Program; (3) an assessment of the impact of the STO Program
on the capacity of the Exchange, OPRA, and market data vendors (to
the extent data from market data vendors is available); (4) any
capacity problems or other problems that arose during the operation
of the STO Program and how the Exchange addressed such problems; (5)
any complaints that the Exchange received during the operation of
the STO Program and how the Exchange addressed them; and (6) any
additional information that would assist in assessing the operation
of the STO Program.
---------------------------------------------------------------------------

2. Statutory Basis
    Approval of the rule change proposed in this submission is
consistent with Section 6(b) of the Act \17\ in general, and furthers
the objectives of Section 6(b)(5) of the Act \18\ 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 establishing a Short Term Option Program that will provide investors
with a flexible and valuable tool to manage risk exposure, minimize
capital outlays, and be more responsive to the timing of events
affecting the securities that underlie option contracts.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 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 imposes
any burden on competition.

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

    The Exchange 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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \19\ and Rule 19b-4(f)(6) thereunder.\20\
Because the 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 prior to
30 days from the date on which it was filed, 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) of the Act \21\ and Rule 19b-
4(f)(6) thereunder.\22\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 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
Commission has waived the five-day pre-filing requirement in this
case.
---------------------------------------------------------------------------

    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 that of
another exchange that was approved by the Commission.\23\ Therefore,
the Commission designates the proposal operative upon filing.\24\
---------------------------------------------------------------------------

    \23\ See Securities Exchange Act Release No. 59824 (April 27,
2009), 74 FR 20518 (May 4, 2009) (SR-CBOE-2009-018).
    \24\ 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).
---------------------------------------------------------------------------

    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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2010-020 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-BATS-2010-020. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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-BATS-2010-020 and should be
submitted on or before August 26, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19243 Filed 8-3-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Rules and Regulations]
[Pages 30158-30162]
[FR Doc No: 2021-11806]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0378; Project Identifier 2017-SW-122-AD; Amendment
39-21576; AD 2021-11-14]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model AW169 helicopters. This AD was prompted
by reports of failed nose landing gear (NLG) retraction actuators
during the acceptance test procedures on the ground on the final
assembly line. This AD requires depending on the helicopter
configuration, various modifications, installation checks, inspections
of the NLG and main landing gear (MLG) retraction actuators and of the
plungers of the NLG and MLG up down lock actuators, and corrective
actions if necessary. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD becomes effective June 22, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of June 22, 2021.
    The FAA must receive comments on this AD by July 22, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5

p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view this service information
at the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0378.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0378; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
European Aviation Safety Agency (now European Union Aviation Safety
Agency) (EASA) AD, any comments received, and other information. The
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Anthony Kenward, Aerospace Engineer,
AIR-7F1, Fort Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort
Worth, TX 78101; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2017-0164, dated September 4, 2017
(EASA AD 2017-0164), to correct an unsafe condition for certain
Leonardo S.p.a. Model AW169 helicopters. The EASA advises that there
were reports of failed NLG retraction actuators during the acceptance
test procedures on the ground on the final assembly line. The EASA
stated the NLG got stuck at approximately a 45[deg] angle (half of the
full stroke) regardless of the selected extension mode (normal or
emergency). Investigation revealed that excessive friction inside the
NLG retraction actuator caused internal damage, resulting in mechanical
jam of the actuator rotary shaft. The EASA advised that due to
similarity of design, the same failure mode can affect the MLG
retraction actuators. This condition, if not addressed, could result in
a partially locked or unlocked NLG or MLG upon landing, possibly
resulting in damage to the helicopter and injury to the occupants.
    Accordingly, the EASA AD requires, depending on the helicopter
configuration, various modifications, installation checks, inspections
of the plungers of the NLG and MLG up down lock actuators, and
corrective actions if necessary.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin 169-
023, Revision B, dated April 16, 2018 (ASB 169-023, Revision B). This
service information specifies procedures for, depending on the
helicopter configuration, various modifications, installation checks
(which include measurements), inspections of the plungers of the NLG
and MLG up down lock actuators, and corrective actions if necessary.
The modifications include replacing the actuators, installing enhanced
landing gear retracting actuators, modifying the landing gear actuator
control box, improving the landing gear proximity switch, and doing
checks and measurements. Corrective actions include replacing the NLG
and MLG lock support buffer, reinstalling the NLG and MLG retracting
electrical actuator, shimming gaps, adjusting the position of the NLG
retracting lever, applying lubricant, installing a pin, replacing
washers, and reinstalling the NLG assembly.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information already described, except as discussed under ``Differences
Between this AD and the MCAI.''

Differences Between This AD and the MCAI

    EASA AD 2017-0164 requires modifications and installation checks
within 200 hours time-in-service (TIS) or 6 months, whichever occurs
first; this AD requires those actions within 200 hours TIS.
    EASA AD 2017-0164 requires, for certain helicopters, an inspection
of the plungers of the NLG and MLG up down lock actuators within 50
hours TIS or 30 days, whichever occurs first; this AD requires that
action within 30 days.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    There is one helicopter with this type certificate on the U.S.
Register. The FAA has confirmed that the identified unsafe condition
has been addressed on that helicopter. Accordingly, notice and
opportunity for prior public comment are unnecessary, pursuant to 5
U.S.C. 553(b)(3)(B).
    In addition, for the foregoing reason(s), the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d) for making this amendment
effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0378; Project Identifier 2017-
SW-122-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments

received, without change, to https://www.regulations.gov, including any
personal information you provide. The agency will also post a report
summarizing each substantive verbal contact received about this final
rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Anthony
Kenward, Aerospace Engineer, AIR-7F1, Fort Worth ACO Branch, FAA, 10101
Hillwood Parkway, Fort Worth, TX 78101; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered helicopters. As
stated previously, there is one helicopter on the U.S. Register;
however, the required actions have already been accomplished on that
helicopter. If an affected helicopter is imported and placed on the
U.S. Register in the future, the FAA provides the following cost
estimates to comply with this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 147 work-hours x $85 per hour =                (*)         $12,495
 $12,495................................
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency
  to provide cost estimates for the parts cost of the required actions
  specified in this AD.

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
helicopters that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
           Labor cost                   Parts cost            product
------------------------------------------------------------------------
8 work-hours x $85 per hour =     Negligible............            $680
 $680.
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2021-11-14 Leonardo S.p.a.: Amendment 39-21576; Docket No. FAA-2021-
0378; Project Identifier 2017-SW-122-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective June 22, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW169 helicopters,
certificated in any category, identified in paragraphs (c)(1) and
(2) of this AD.
    (1) Helicopters having serial number 69007, 69009, 69011, 69013,
69014, 69015, 69017, 69018, 69020, 69021, 69022, 69023, 69024,
69025, 69027, 69028, 69031, 69032, 69041, 69042, 69043, 69044, 69049
and 69051.
    (2) All helicopters equipped with retractable landing gear (LG)
system part number (P/N) 6F3200F00311 or P/N 6F3200F00411.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 3233, Landing Gear
Actuator.

(e) Unsafe Condition

    This AD was prompted by reports of failed nose landing gear
(NLG) retraction actuators during the acceptance test procedures on
the ground on the final assembly line. The FAA is issuing this AD to
address failed NLG and main landing gear (MLG) retraction actuators.
The unsafe condition, if not addressed, could result in a partially
locked or unlocked NLG or MLG upon landing, possibly resulting in
damage to the helicopter and injury to the occupants.

(f) Compliance

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

(g) Modifications

    Within 200 hours time-in-service (TIS) after the effective date
of this AD, do the applicable actions specified in paragraphs (g)(1)
through (5) of this AD, in accordance with the applicable part of
the Accomplishment Instructions of Leonardo Helicopters Alert
Service Bulletin 169-023, Revision B, dated April 16, 2018 (ASB 169-
023, Revision B), except as required by paragraph (k) of this AD.
    (1) For helicopters having S/N 69011 and S/N 69017 that are not
equipped with retractable LG system P/N 6F3200F00411 (enhanced NLG
retracting actuator P/N 6F3230V00532 and enhanced MLG retracting
actuators P/N 6F3230V00832 and P/N 6F3230V01032): Modify the
helicopter (which includes replacing the actuators and doing checks
and measurements), as specified in Part I of ASB 169-023, Revision
B.
    (2) For helicopters having S/N 69007, S/N 69015, S/N 69018, and
S/N 69022 that are not equipped with retractable LG system P/N
6F3200F00411 (enhanced NLG retracting actuator P/N 6F3230V00532 and
enhanced MLG retracting actuators P/N 6F3230V00832 and P/N
6F3230V01032): Modify the helicopter (which includes installing
enhanced landing gear retracting actuators and doing checks and
measurements), as specified in Part II of ASB 169-023, Revision B.
    (3) For helicopters having S/N 69032, S/N 69041, and S/N 69051
that are not equipped with retractable LG system P/N 6F3200F00411
(enhanced NLG retracting actuator P/N 6F3230V00532 and enhanced MLG
retracting actuators P/N F3230V00832 and P/N 6F3230V01032): Modify
the helicopter (which includes installing enhanced landing gear
retracting actuators and doing checks and measurements), as
specified in Part III of ASB 169-023, Revision B.
    (4) For helicopters having S/N 69007, S/N 69009, S/N 69011, S/N
69013, S/N 69014, S/N 69015, S/N 69017, S/N 69018, S/N 69020, S/N
69021, S/N 69022, S/N 69023, S/N 69024, S/N 69027, S/N 69032, S/N
69041, and S/N 69051: Modify the helicopter (which includes
modifying the landing gear actuator control box), as specified in
Part IV of ASB 169-023, Revision B.
    (5) For helicopters having S/N 69007, S/N 69009, S/N 69011, S/N
69013, S/N 69014, S/N 69015, S/N 69017, S/N 69018, S/N 69020, S/N
69021, S/N 69022, S/N 69023, S/N 69024, S/N 69025, S/N 69027, S/N
69028, S/N 69031, S/N 69032, S/N 69041, S/N 69042, S/N 69043, S/N
69044, and S/N 69051: Modify the helicopter (which includes
improving the landing gear proximity switch and doing checks and
measurements), as specified in Part V of ASB 169-023, Revision B.

(h) Installation Checks

    For helicopters having S/N 69009, S/N 69013, S/N 69014, S/N
69020, S/N 69021, S/N 69023, S/N 69024, S/N 69025, S/N 69027, S/N
69028, S/N 69031, S/N 69042, S/N 69043, S/N 69044, and S/N 69049
that are equipped with both retractable LG system P/N 6F3200F00311
and P/N 6F3200F00411: Within 200 hours TIS after the effective date
of this AD, accomplish installation checks (which include
measurements), in accordance with Part VI of the Accomplishment
Instructions of ASB 169-023, Revision B, except as required by
paragraph (k) of this AD.

(i) NLG and MLG Up Down Lock Actuator Inspection

    For helicopters equipped with retractable LG system P/N
6F3200F00311 or P/N 6F3200F00411: At the time specified in paragraph
(i)(1) or (2) of this AD, whichever occurs first, inspect the
plungers of the NLG and MLG up down lock actuators, in accordance
with Part VII of the Accomplishment Instructions of ASB 169-023,
Revision B, except as required by paragraph (k) of this AD.
    (1) Within 30 days after the effective date of this AD.
    (2) Concurrently with the modifications required by paragraphs
(g)(1), (2), and (3) of this AD, as applicable.

(j) Corrective Actions

    (1) If, during any modification required by paragraph (g)(1),
(2), (3), or (5) of this AD, or during any installation check
required by paragraph (h) of this AD, any discrepancy is detected,
before further flight, accomplish the applicable corrective actions,
in accordance with the Accomplishment Instructions of ASB 169-023,
Revision B, except as required by paragraph (k) of this AD. For this
AD, discrepancies include gaps between parts that are not within
tolerances, improperly aligned rotational axis of certain parts,
non-parallel lever for certain parts, a certain pin is not installed
on the MLGs, and incorrect thickness of certain washers.
    (2) If, during any inspection required by paragraph (i) of this
AD, corrosion is detected, before further flight, accomplish the
applicable corrective action and apply corrosion inhibitor on the
plungers of the NLG and MLG up down lock actuators, in accordance
with Part VII of the Accomplishment Instructions of ASB 169-023,
Revision B, except as required by paragraph (k) of this AD.
    (3) If, during any inspection required by paragraph (i) of this
AD, no corrosion is detected, before further flight, apply corrosion
inhibitor on the plungers of the NLG and MLG up down lock actuators,
in accordance with Part VII of the Accomplishment Instructions of
ASB 169-023, Revision B, except as required by paragraph (k) of this
AD.

(k) Service Information Exceptions

    (1) Where ASB 169-023, Revision B, specifies to discard certain
parts, this AD requires removing those parts from service.
    (2) Where ASB 169-023, Revision B, specifies to contact the
manufacturer, before further flight, repair using a method approved
by the Manager, International Validation Branch, FAA. For a repair
method to be approved by the Manager, International Validation
Branch, as required by this paragraph, the Manager's approval letter
must specifically refer to this AD.
    (3) Where ASB 169-023, Revision B, specifies to return certain
parts, this AD does not include that requirement.

(l) No Reporting Requirement

    Although ASB 169-023, Revision B, specifies to submit certain
information to the manufacturer, this AD does not include that
requirement.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraphs (g), (h), (i), and (j) of this AD, if those actions were
performed before the effective date of this AD using Leonardo
Helicopters Alert Service Bulletin 169-023, dated May 31, 2017,
provided that, for helicopters on which Part V of that service
information was accomplished, the adhesive fixing of the NLG and MLG
support buffers is replaced within 3 months after the effective date
of this AD. The replacement must be done in accordance with steps
1., 2., 8.3, 8.4, 18., and 20. of Part V of the Accomplishment
Instructions of ASB 169-023, Revision B, except as specified in
paragraph (k) of this AD.
    (2) This paragraph provides credit for actions required by
paragraphs (g), (h), (i), and (j) of this AD, if those actions were
performed before the effective date of this AD using Leonardo
Helicopters Alert Service Bulletin 169-023, Revision A, dated
September 1, 2017.

(n) Alternative Methods of Compliance (AMOCs)

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

(o) Related Information

    (1) For more information about this AD, contact Anthony Kenward,
Aerospace Engineer, AIR-7F1, Fort Worth ACO Branch, FAA, 10101
Hillwood Parkway, Fort Worth, TX 78101; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
2017-0164, dated September 4, 2017. You may view the EASA AD on the
internet at https://www.regulations.gov in the AD Docket.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Leonardo Helicopters Alert Service Bulletin 169-023,
Revision B, dated April 16, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 19, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-11806 Filed 6-4-21; 8:45 am]
BILLING CODE 4910-13-P