[Federal Register: June 30, 2008 (Volume 73, Number 126)]
[Proposed Rules]
[Page 36821-36823]
[DOCID:fr30jn08-22]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28691; Directorate Identifier 2006-SW-22-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Model AS355E, F, F1,
F2, and N Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.

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SUMMARY: This document revises an earlier proposed superseding
airworthiness directive (AD) for the specified Eurocopter France (ECF)
model helicopters. That AD currently requires certain checks of the
magnetic chip detector plug (chip detector) and the main gearbox (MGB)
oil-sight glass, certain inspections of the lubrication pump (pump),
and replacing the MGB and the pump with an airworthy MGB and pump, if
necessary. Also, the AD requires that before a pump or MGB with any
hours time-in-service (TIS) can be installed, it must meet the AD
requirements. The earlier proposed superseding AD proposed retaining
those requirements but proposed adding all serial-numbered pumps to the
applicability. This supplemental proposal is prompted by an improved
procedure for detecting oil pump wear earlier and is considered more
accurate than the procedure proposed previously. The actions specified
by the proposed AD are intended to implement improved procedures to
detect a failing MGB oil pump, to prevent failure of the MGB pump,
seizure of the MGB, loss of drive to an engine and main rotor, and
subsequent loss of control of the helicopter.

DATES: Comments must be received on or before August 29, 2008.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD:
     Federal eRulemaking Portal: Go to http://
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.
    You may get the service information identified in this proposed AD
from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie,
Texas 75053-4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas
76193-0111, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any written data, views, or arguments
regarding this proposed AD. Send your comments to the address listed
under the caption ADDRESSES. Include the docket number ``FAA-2007-
28691, Directorate Identifier 2006-SW-22-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed rulemaking. Using the
search function of the docket Web site, you can find and read the
comments to any of our dockets, including the name of the individual
who sent or signed the comment. You may review the DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477-78).

Examining the Docket

    You may examine the docket that contains the proposed AD, any
comments, and other information in person at the Docket Operations
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

Discussion

    A proposal to amend 14 CFR part 39 to add an AD for the specified
ECF

model helicopters was published in the Federal Register on July 13,
2007 (72 FR 38529). That Notice of Proposed Rulemaking (NPRM) proposed
superseding AD 2003-21-09 R1, Amendment 39-14621, (71 FR 31070, June 1,
2006) by retaining the requirements in that AD and adding pumps, P/N
355A32-0700-01, 355A32-0700-02, and 355A32-0701-00, any S/N, to the
applicability. That NPRM was prompted by additional cases of MGB
lubrication pump deterioration and a further investigation that
determined that all serial-numbered pumps might be affected. This
condition, if not corrected, could result in failure of the MGB pump,
seizure of the MGB, loss of drive to an engine and main rotor, and
subsequent loss of control of the helicopter.
    Since issuing that NPRM, the manufacturer has developed an improved
procedure for monitoring the condition of the MGB lubrication pump.
Eurocopter has issued an Alert Service Bulletin No. 05.00.51, dated
July 9, 2007 (ASB), specifying the improved procedure. The European
Aviation Safety Agency (EASA), the Technical Agent for the Member
States of the European Community, has issued EASA Emergency AD No.
2007-0209E, dated August 6, 2007, in response to the ASB. Also, we
received comments from one commenter to the NPRM. The commenter agrees
that the improved procedure, described in the ASB, is a better way to
detect MGB oil pump problems because ``sludge on the chip plug can come
from sources within the MGB oil system.''
    The FAA agrees with the commenter that the improved procedure
described in the ASB is a better way to detect MGB oil pump problems
because this process reflects the progressive inefficiency as the oil
pump wears as it relates to steady oil temperature and variable outside
air temperature (OAT). Therefore, we are proposing to require the
improved procedure for monitoring the condition of the MGB lubrication
pump in lieu of checking the chip detector and oil-sight glass after an
initial 25 hours TIS.
    Since this change expands the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
    We estimate that this proposed AD would affect 80 helicopters of
U.S. registry, and the proposed actions would take about:
     15 minutes to perform the procedures to check the
condition of the MGB oil and chip detector plug,
     4 work hours to remove the MGB and pump,
     1 work hour to inspect the pump under the 10-hour, 25-
hour, and 110-hour TIS procedures,
     4 work hours to install a serviceable MGB and pump at an
average labor rate of $80 per work hour, and
     $4,000 for an overhauled pump and up to $60,000 for an
overhauled MGB per helicopter.
Based on these figures, we estimate the total cost impact of the
proposed AD on U.S. operators to be $107,040 per year, assuming (a) one
overhauled MGB and pump would be replaced on one helicopter per year,
(b) all 80 helicopters would operate for 10 days undergoing 10 daily
checks and 2 10-hour TIS inspections, and (c) each of the 80
helicopters operate for 260 hours per year with 20 helicopters
receiving the repetitive 25-hour TIS inspection or 10.4 inspections per
helicopter per year (260/25) for a total of 208 inspections (20 * 10.4)
and 60 helicopters receiving the repetitive 110-hour TIS inspection or
2.36 inspections per helicopter per year (260/110) for a total of 142
inspections (60 * 2.36).

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. Additionally, this proposed
AD would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a draft economic evaluation of the estimated costs to
comply with this proposed AD. See the AD docket to examine the draft
economic evaluation.

Authority for This Rulemaking

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive
to read as follows:

Eurocopter France: Docket No. FAA-2007-28691; Directorate Identifier
2006-SW-22-AD. Supersedes AD 2003-21-09 R1, Amendment 39-14621,
Docket No. 2003-SW-10-AD.

    Applicability: Model AS355E, F, F1, F2, and N helicopters, with
a main gear box (MGB) lubrication pump (pump), part number (P/N)
355A32-0700-01, 355A32-0700-02, or 355A32-0701-00, any serial number
(S/N), certificated in any category.
    Compliance: Required as indicated.
    To detect sludge on the chip detector and dark oil in the MGB,
to prevent failure of the MGB pump, seizure of the MGB, loss of
drive to an engine and main rotor, and subsequent loss of control of
the helicopter, do the following:
    (a) Before the first flight of each day and at intervals not to
exceed 10 hours time-in-service (TIS), check the MGB magnetic chip
detector plug (chip detector) for any sludge. Also, check for dark
oil in the MGB oil-sight glass. An owner/operator (pilot) holding at
least a private pilot certificate may perform this visual check and
must enter compliance into the aircraft maintenance records in
accordance with 14 CFR 43.11 and 91.417(a)(2)(v). ``Sludge'' is a
deposit on the chip detector that is typically dark in color and in
the form of a film or paste, as compared to metal chips or particles
normally found on a chip detector. Sludge

may have both metallic or nonmetallic properties, may consist of
copper (pinion bearing), magnesium (pump case), and steel (pinion)
from the oil pump, and a nonmetallic substance from the chemical
breakdown of the oil as it interacts with the metal.
    (b) Before further flight, if any sludge is found on the chip
detector, remove, open, and inspect the pump.
    (c) Before further flight, if the oil appears dark in color when
it is observed through the MGB oil-sight glass, take an oil sample.
If the oil taken in the sample is dark or dark purple, before
further flight, remove, open, and inspect the pump.

    Note 1: Eurocopter France Alert Service Bulletin No. 05.00.40,
Revision 1, dated January 5, 2006, and Emergency ASB No. 05.00.40,
Revision 2, dated December 20, 2006, pertain to the subject of this
AD.

    (d) Within 25 hours TIS, unless accomplished previously, after
operating both engines at normal operating revolutions per minute
(RPM) for at least 20 minutes to ensure the MGB oil temperature has
stabilized, inspect the oil pump for wear by following the
Accomplishment Instructions, paragraph 2.B.2., steps 1. through 6.,
of Eurocopter Alert Service Bulletin No. 05.00.51, dated July 9,
2007 (ASB). This AD does not require you to send the information to
the manufacturer.
    (1) Record the outside air temperature (OAT) and rotor speed (NR
RPM) and plot the point at which they intersect using the graph in
Figure 1 or 2 of the ASB.
    (2) If the point on the graph at the intersection of the
recorded OAT and the NR RPM falls within:
    (i) Zone 3--Before further flight, replace the MGB and pump with
an airworthy MGB and pump.
    (ii) Zone 2--At intervals not to exceed 25 hours TIS, repeat the
inspection procedures by following the Accomplishment Instructions,
paragraph 2.B.2, steps 1 through 6, of the ASB. After being
classified in ``Zone 2,'' you must obtain two successive inspections
separated by at least 24 hours TIS that fall within Zone 1 before
you can begin to inspect at intervals not to exceed 110 hours TIS by
following paragraph (d)(2)(iii) of this AD for Zone 1.

    Note 2: In addition to a worn oil pump, the loss of oil pressure
could also be due to a clogged oil filter or cooler, a pinched hose,
or an inaccurate pressure switch.

    (iii) Zone 1--At intervals not to exceed 110 hours TIS, repeat
the inspection procedures by following the Accomplishment
Instructions, paragraph 2.B.2., steps 1 through 6, of the ASB.
    (3) Compliance with paragraphs (d)(1) and (d)(2) of this AD
constitutes terminating action for the checks and inspections
required by paragraphs (a), (b), and (c) of this AD.
    (e) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, FAA, ATTN: Ed Cuevas,
Aviation Safety Engineer, Rotorcraft Directorate, Fort Worth, Texas
76193-0111, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

    Note 3: The subject of this AD is addressed in European Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Community, Emergency AD No. 2006-0378-E,
dated December 21, 2006, and AD No. 2007-0209E, dated August 6,
2007.

    Issued in Fort Worth, Texas, on June 19, 2008.
Judy I. Carl,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-14723 Filed 6-27-08; 8:45 am]

BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on January 2, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 1996-1869

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  JET RENT, S.A. de C.V.
                                   Date Filed:  December 5, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct passenger charter operations between
Mexico and the United States, and other passenger charters in accordance
with 14 CFR Part 212, using small equipment.

If renewal, date and citation of last action:  January 13, 2003, in this
Docket.

Applicant representative:  Lee A. Bauer,<PHONE_NUMBER>          DOT
analyst:  Allen Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved
                                            Action date:  January 2,
2004

Effective dates of authority granted:  January 2, 2004, through January
16, 2005

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement of August 15, 1960, as
amended and extended (Agreement).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

     X  Standard exemption conditions.

Special conditions/Partial grant/Denial basis/Remarks:  In the conduct
of these operations, the carrier must adhere to all applicable
provisions of the U.S.-Mexico Agreement.  In the conduct of these
operations, the carrier may only use aircraft capable of carrying no
more than 60 passengers and having a maximum payload capacity of no more
than 18,000 pounds (small equipment).  The above grant includes
authority to conduct Third and Fourth Freedom charter operations.  While
we have subjected, consistent with the provisions of the Agreement,
Mexican carriers conducting charter operations with large aircraft to
prior approval or submission of notice for their Third and Fourth
Freedom charters, we determined that any such requirement was not
necessary on public interest grounds in this case, since the carrier
will be conducting these operations solely with small aircraft.  (Other
charter operations to/from the United States under this authority,
however, are subject to prior approval under 14 CFR Part 212.)  Further,
we are continuing to allow Mexican carriers conducting passenger
charters using small equipment to make stopovers in the United States in
the conduct of such operations.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


2947 Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Notices Dated: January 6, 2000. Joanne Martin, Acting Director, Information Resources and Services Division, Office of Pesticide Programs. [ FR Doc. 00   1216 Filed 1   18   00; 8: 45 am]

BILLING CODE 6560   50   F ENVIRONMENTAL PROTECTION AGENCY [ OPP   00621; FRL   6385   7]

Pesticides: Data Submitter Rights for Data Submitted in Support of Tolerance Actions; Notice of Availability AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: EPA is announcing the availability for comment of a paper discussing options to enable the Agency to appropriately implement the new provisions contained in section 408( i) of the Federal Food, Drug, and Cosmetic Act ( FFDCA) to address exclusive use and compensation rights for data submitted to EPA in support of tolerance and tolerance exemption actions.

DATES: Comments, identified by docket control number OPP   00621, must be received on or before March 20, 2000. ADDRESSES: Comments may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit I. of the `` SUPPLEMENTARY INFORMATION.'' To ensure proper receipt by EPA, it is imperative that you identify docket control number OPP   00621 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Cameo G. Smoot, Field and External Affairs Division ( 7506C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; telephone number: ( 703) 305   5454; fax number: ( 703) 305   5884; e mail address: smoot. cameo@ epa. gov.

SUPPLEMENTARY INFORMATION:

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

This action is directed to the public in general. This action may, however, be of interest to you if you submit data to EPA in support of establishing or maintaining tolerances for pesticides, or are a pesticide registrant or a person applying for pesticide registration under the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). You may also be interested in commenting if you submit data to EPA in support of an exemption from a tolerance. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under `` FOR FURTHER INFORMATION CONTACT.''

B. How Can I Get Additional Information, Including Copies of this Document and Other Related Documents? 1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http:// www. epa. gov/. To access this document, on the Home Page select `` Laws and Regulations'' and then look up the entry for this document under the `` Federal Register   Environmental Documents.'' You can also go directly to the Federal Register listings at http:// www. epa. gov/ fedrgstr/. You may obtain a copy of the options paper titled `` Data Submitter Rights for Data Submitted in Support of Tolerance Actions'' described in this notice by accessing this Federal Register notice using the Federal Register Environmental Documents cite on the EPA's Internet and selecting `` Related Documents.'' Hard copies of the options paper are available by consulting with the person listed under `` FOR FURTHER INFORMATION CONTACT.'' 2. In person. The Agency has established an official record for this action under docket control number OPP   00621. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as confidential business information ( CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection in the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall 2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is ( 703) 305   5805.

C. How and to Whom Do I Submit Comments? You may submit comments through the mail, in person, or electronically. To ensure proper receipt by EPA, it is imperative that you identify docket control number OPP   00621 in the subject line on the first page of your response. 1. By mail. Submit your comments to: Public Information and Records Integrity Branch ( PIRIB), Information Resources and Services Division ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 2. In person or by courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Information Resources and Services Division ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1921 Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is ( 703) 305   5805. 3. Electronically. You may submit your comments electronically by e mail to: `` opp docket@ epa. gov,'' or you can submit a computer disk as described in this unit. Do not submit any information electronically that you consider to be CBI. Avoid the use of special characters and any form of encryption. Electronic submissions will be accepted in WordPerfect 6.1/ 8.0 or ASCII file format. All comments in electronic form must be identified by docket control number OPP   00621. Electronic comments may also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency? Do not submit any information electronically that you consider to be CBI. You may claim information that you submit to EPA in response to this document as CBI by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public version of the official record. Information not marked confidential VerDate 04< JAN> 2000 19: 20 Jan 18, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 19JAN1. XXX pfrm01 PsN: 19JAN1 2948 Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Notices will be included in the public version of the official record without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified under `` FOR FURTHER INFORMATION CONTACT.''

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the rule or collection activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, be sure to identify the docket control number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. What Action is the Agency Taking?

EPA is making available for comment an options paper on exclusive use and data compensation rights for data submitted to the Agency in support of tolerance and tolerance exemption actions. As part of the Food Quality Protection Act of 1996, Congress amended section 408( i) of the Federal Food, Drug, and Cosmetic Act ( FFDCA) addressing such rights. The Agency is currently evaluating how to implement this new provision and is seeking public comment. The options paper briefly discusses the new section 408( i) of the FFDCA and the Agency's practices regarding data compensation and exclusive use; the current compensation and exclusive use process the Agency implements under section 3 of the FIFRA, and presents three options for implementing the new provision. The options represent different interpretations focusing on who the data submitters may be. However, the Agency also seeks comments on other interpretations of section 408( i) and suggested procedures for implementing any option. Commenters are particularly encouraged to offer suggestions for workable procedures for their preferred options. EPA will consider the comments received and develop a detailed proposal for implementing data rights under section 408( i) of FFDCA.

List of Subjects Environmental protection, Pesticide tolerances, Data compensation.

Dated: January 5, 2000. Marcia E. Mulkey, Director, Office of Pesticide Programs. [ FR Doc. 00   1063 Filed 1   18   00; 8: 45 am]

BILLING CODE 6560   50   F ENVIRONMENTAL PROTECTION AGENCY [ OPP   30489; FRL   6485   1]

Pesticide Products; Registration Application AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces receipt of application to register a pesticide product containing a new active ingredient not included in any previously registered product pursuant to the provisions of section 3( c)( 4) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended. DATES: Written comments, identified by the docket control number OPP   30489, must be received on or before February 18, 2000. ADDRESSES: Comments may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit I. of the `` SUPPLEMENTARY INFORMATION.'' To ensure proper receipt by EPA, it is imperative that you identify docket control number OPP   30489 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Mary L. Waller, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., Washington, DC 20460 telephone number: ( 703) 308   9354 and e mail address: waller. mary@ epa. gov.

SUPPLEMENTARY INFORMATION:

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

You may be affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected categories and entities may include, but are not limited to:

Categories NAICS codes Examples of potentially affected entities Industry 111 Crop production 112 Animal production 311 Food manufacturing 32532 Pesticide manufacturing This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in the table could also be affected. The North American Industrial Classification System ( NAICS), codes have been provided to assist you and others in determining whether or not this action might apply to certain entities. If you have 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 Additional Information, Including Copies of this Document and Other Related Documents? 1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http:// www. epa. gov/. To access this document, on the Home Page select `` Laws and Regulations'' and then look up the entry for this document under the `` Federal Register Environmental Documents.'' You can also go directly to the Federal Register listings at http:// www. epa. gov/ fedrgstr/. 2. In person. The Agency has established an official record for this action under docket control number OPP   30489. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as confidential business information ( CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection in the Public Information and Records Integrity VerDate 04< JAN> 2000 19: 20 Jan 18, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 19JAN1. XXX pfrm01 PsN: 19JAN1


Meeting with Florida Local Officials Re: Proposed Numeric Nutrient
Criteria Standards

Wednesday, October 06, 2010

EPA Attendees: Sarah Hospodor-Pallone, OCIR

		  Arvin Ganesan, OCIR

		  Jack Bowles, OCIR

		  Arnita Hannon, OCIR

                          Becky Cook, OCIR

                          Denis Borum, OCIR

		  Ephraim King, OW

                          Bob Sussman, OA

                          Larry Elworth, OA

 		  Stephanie Owens, OPA

                          Allison Wise, R4

                          Jim Giattina, R4

Florida Attendees: Mayor James Tully, City of Titusville

		      Raynetta Grant, Water Resources Director, City of Titusville

 		      Mayor Daniel Raulerson, City of Plant City

      Jeffrey Thompson, P.E., Deputy Director of Operations/Utilities,
City        	  of Cocoa

		      Jim Davenport (Alcalde & Fay), representing Seminole County

                              Chip Merriam, Orlando Utilities Commission

		      Linda ?? (Getting her full name and title)

		      Edward P. de la Parte, Jr., representing various Florida
communities

Overriding concern: is the impact of numeric nutrient criteria on small
communities

Mayor Raulerson: Plant City has a mostly blue-collar population of
25,000. Smithfield Meats recently left the city, causing the city to
lose $6 million in annual revenue through water utility fees, which they
depend on for the city’s operating costs. The additional cost of
implementing the proposed rule (EPA estimate) could cost each family an
additional $200/year, which these families can’t afford. The city
would have to cut its police, fire, and rescue operations. The city
hopes to attract new businesses, but fears the businesses will choose to
go elsewhere due to the proposed higher water and other environmental
standards in Florida. EPA needs to find a more cost-effective
alternative.

Mayor Tully: Titusville has a population of 44,000 and ecotourism is a
major part of the city’s economy. The city has been working with the
FL Department of Environment to develop site-specific TMDLs. The Mayor
stressed the importance of home rule in Florida, emphasizing that there
is no “one-size-fits-all” approach and that the desire is to solve
problems at the lowest level possible, beginning with the State and not
necessarily the federal level.

 City of Cocoa: The city has a population of 16,500, and its utility
supplies water to the Kennedy Space Center and other federal facilities
and military bases. The city has an unemployment rate of 16.7%, plus
upcoming NASA layoffs. The utility supplies chloraminated water through
an extensive distribution system. The federal facilities add additional
treatments to the water, resulting in nitrogen levels that are higher
than the proposed standard.  The Federal Facilities also have to do an
extensive amount of system flushing, since they are distant from the
finished water treatment facilities.

Chip Merriam, OUC: CWA and CAA (BACT, Transport, CAIR rules)
requirements are hitting small communities at the same time, resulting
in very high costs. The Commission wants an exemption for the reuse of
water; reuse of treated wastewater is a critical part of Florida’s
water conservation program along with protecting groundwater resources.
FL DEP requires that 60% of ocean outfall must be reused. The Commission
is also worried about the impact on potable water used for irrigation.

Key Issues

Reuse: the communities need clarifications (levels of treatment,
sources, destinations) on requirements and how existing reuse programs
may fit into requirements of the proposed numeric nutrients rule.

TMDLs: the officials will provide a list of the priority TMDLs impacted
by the proposed numeric nutrient criteria.

Potable water: EPA needs a better understanding of the communities’
concerns and approaches.  Florida Representatives indicated that in many
cased runoff of potable water used for irrigation would exceed the
proposed phosphorous limits.

Difference between a concentration and a load: The local officials are
seeking clarification from EPA and want further dialogue

Follow-up

FL officials will provide clarifications and list of priority TMDLs

Ephraim King (OW) will work with Jim Giattina (R4) and OIR to set up
follow-up conference calls with the Florida officials to explore the key
issues above in more detail.


[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Notices]
[Pages 15440-15445]
[FR Doc No: 2012-6231]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66553; File No. SR-NYSEArca-2012-04]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change Relating to Listing and Trading of
Shares of Twenty-Six Series of ProShares Trust II under NYSE Arca
Equities Rule 8.200

March 9, 2012.

I. Introduction

    On January 6, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares of twenty-six series of the ProShares Trust II
under Commentary .02 to NYSE Arca Equities Rule 8.200. The proposed
rule change was published for comment in the Federal Register on
January 24, 2012.\3\ The Commission received no comments on the
proposal. This order grants approval of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66180 (January 18,
2012), 77 FR 3532 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade shares (``Shares'') of the
following funds (each a ``Fund'' and, collectively, ``Funds'') pursuant
to NYSE Arca Equities Rule 8.200, Commentary .02: ProShares UltraPro
Australian Dollar, ProShares UltraPro Canadian Dollar, ProShares
UltraPro Swiss Franc, ProShares UltraPro Euro, ProShares UltraPro U.S.
Dollar, and ProShares UltraPro Yen (collectively, ``UltraPro Funds'');
ProShares UltraPro Short Australian Dollar, ProShares UltraPro Short
Canadian Dollar, ProShares UltraPro Short Swiss Franc, ProShares
UltraPro Short Euro, ProShares UltraPro Short U.S. Dollar, and
ProShares UltraPro Short Yen (collectively, ``UltraPro Short Funds'');
ProShares Ultra Australian Dollar, ProShares Ultra Canadian Dollar,
ProShares Ultra Swiss Franc and ProShares Ultra U.S. Dollar
(collectively, ``Ultra Funds''); ProShares UltraShort Australian
Dollar, ProShares UltraShort Canadian Dollar, ProShares UltraShort
Swiss Franc and ProShares UltraShort U.S. Dollar (collectively,
``UltraShort Funds''); and ProShares Short Australian Dollar, ProShares
Short Canadian Dollar, ProShares Short Swiss Franc, ProShares Short
Euro, ProShares Short U.S. Dollar, and ProShares Short Yen
(collectively, ``Short Funds''). NYSE Arca Equities Rule 8.200,
Commentary .02 permits the trading of Trust Issued Receipts either by
listing or pursuant to unlisted trading privileges.\4\ Each Fund is a
series of the ProShares Trust II (``Trust''), a Delaware statutory
trust.\5\ ProShare Capital Management LLC (``Sponsor'') is the Trust's
sponsor, and Wilmington Trust Company is the Trust's trustee. Brown
Brothers Harriman & Co. (``Administrator'') serves as the
administrator, custodian, and transfer agent of the Funds. SEI
Investments Distribution Co. (``Distributor'') serves as distributor of
the Shares.
---------------------------------------------------------------------------

    \4\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
Trust Issued Receipts that invest in ``Financial Instruments.'' The
term ``Financial Instruments,'' as defined in Commentary .02(b)(4)
to NYSE Arca Equities Rule 8.200, means any combination of
investments, including cash; securities; options on securities and
indices; futures contracts; options on futures contracts; forward
contracts; equity caps, collars and floors; and swap agreements.
    \5\ See registration statement on Form S-1, dated December 22,
2011 (File No. 333-178707) (``Registration Statement'').
---------------------------------------------------------------------------

    The UltraPro Funds seek daily investment results (before fees and
expenses) that correspond to three times (+300%) the daily performance,
whether positive or negative, of their corresponding benchmark, and the
UltraPro Short Funds seek daily investment results (before fees and
expenses) that correspond to three times the inverse (-300%) of the
daily performance, whether positive or negative, of their corresponding
benchmark. The Ultra Funds seek daily investment results (before fees
and expenses) that correspond to twice (+200%) the daily performance,
whether positive or negative, of their corresponding benchmarks, and
the UltraShort Funds seek daily investment results (before fees and
expenses) that correspond to twice the inverse (-200%) of the daily
performance, whether positive or negative, of their corresponding
benchmarks. The Short Funds seek daily investment results (before fees
and expenses) that correspond to the inverse (-100%) of the daily
performance, whether positive or negative, of their corresponding
benchmarks (each corresponding benchmark is referred to as a
``Benchmark'' and, collectively, ``Benchmarks'').
    Each of the Funds will hold futures contracts on the applicable
Benchmark or, in the case of a Benchmark index, futures contracts on
such Benchmark index or the Benchmark index components, that are traded
on a United States exchange (``Benchmark Futures Contracts'') and, to a
limited extent, forward contracts, as described below, to produce the
economically ``inverse,'' ``leveraged,'' or ``inverse leveraged''
investment results, as set forth by each Fund's investment objective.
    Each Fund seeks to achieve its investment objective by investing,
under normal market conditions,\6\ in Benchmark Futures Contracts. In
the event position accountability rules or position limits are reached
with respect to a particular Benchmark Futures Contract, the Sponsor
may, in its

commercially reasonable judgment, cause the relevant Fund to obtain
exposure through over-the-counter forward contracts referencing the
particular exchange rate, index, or index components, or invest in
other forward contracts not based on the particular exchange rate,
index, or index components, if such instruments tend to exhibit trading
prices or returns that correlate with the Benchmarks or any Benchmark
Futures Contract and will further the investment objective of a
Fund.\7\ A Fund may also invest in forward contracts if the market for
a specific Benchmark Futures Contract experiences emergencies (e.g.,
natural disaster, terrorist attack, or an act of God) or disruptions
(e.g., a trading halt or a flash crash) to prevent a Fund from
obtaining the appropriate amount of investment exposure to the affected
Benchmark Futures Contracts directly.\8\
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    \6\ The term ``under normal market conditions'' includes, but is
not limited to, the absence of extreme volatility or trading halts
in the futures markets or the financial markets generally;
operational issues causing dissemination of inaccurate market
information; or force majeure type events such as systems failure,
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption or any similar intervening
circumstance.
    \7\ To the extent practicable, the Funds will invest in forward
contracts cleared through the facilities of a centralized clearing
house.
    \8\ The Sponsor will also attempt to mitigate the Funds' credit
risk by transacting only with large, well-capitalized institutions
using measures designed to determine the creditworthiness of a
counterparty. The Exchange represents that the Sponsor will take
various steps to limit counterparty credit risk.
---------------------------------------------------------------------------

    Each Fund will also invest in cash equivalents (such as shares of
money market funds, bank deposits, bank money market accounts, certain
variable rate-demand notes, and repurchase agreements collateralized by
government securities, whether denominated in U.S. dollars or the
applicable foreign currency) that serve or will serve as collateral for
the investments in futures and forward contracts. The Funds do not
currently intend to invest directly in any currency, but may invest
directly in U.S. Treasury securities.
    The Funds' investments in Benchmark Futures Contracts and forward
contracts may involve a small investment relative to the amount of
investment exposure assumed and may result in losses exceeding the
amounts invested. Such instruments, particularly when used to create
leverage, may expose the Funds to potentially dramatic changes (losses
or gains) in the value of the instruments and imperfect correlation
between the value of the instruments and the applicable Benchmark.
    The Funds will not seek to achieve their stated investment
objective over a period of time greater than one day because
mathematical compounding prevents the Funds from perfectly achieving
such results. Accordingly, results over periods of time greater than
one day typically will not be a simple multiple (e.g., 2x, 3x, or -1x,
-2x, -3x) of the period return of the corresponding Benchmark and may
differ significantly.
    If an UltraPro Fund (or UltraPro Short Fund) is successful in
meeting its objective, its value on a given day (before fees and
expenses) should gain (or lose in the case of an UltraPro Short Fund)
approximately three times as much on a percentage basis as its
corresponding Benchmark when the Benchmark rises on a given day.
Conversely, its value on a given day (before fees and expenses) should
lose (or gain in the case of an UltraPro Short Fund) approximately
three times as much on a percentage basis as the corresponding
Benchmark when the Benchmark declines on a given day.
    If an Ultra Fund (or UltraShort Fund) is successful in meeting its
objective, its value on a given day (before fees and expenses) should
gain (or lose in the case of an UltraShort Fund) approximately twice as
much on a percentage basis as its corresponding Benchmark when the
Benchmark rises on a given day. Conversely, its value on a given day
(before fees and expenses) should lose (or gain in the case of an
UltraShort Fund) approximately twice as much on a percentage basis as
the corresponding Benchmark when the Benchmark declines on a given day.
    If a Short Fund is successful in meeting its objective, its value
on a given day (before fees and expenses) should gain approximately as
much on a percentage basis as the corresponding Benchmark when the
Benchmark declines on a given day. Conversely, its value on a given day
(before fees and expenses) should lose approximately as much on a
percentage basis as the corresponding Benchmark when the Benchmark
rises on a given day.
    In seeking to achieve each Fund's daily investment objective, the
Sponsor will use a mathematical approach to investing. Using this
approach, the Sponsor will determine the type, quantity, and mix of
investment positions that the Sponsor believes in combination should
produce daily returns consistent with a Fund's objective. The Sponsor
will rely upon a pre-determined model to generate orders that result in
repositioning each Fund's investments in accordance with its daily
investment objectives.
    A number of factors may affect a Fund's ability to achieve a high
degree of correlation with its Benchmark, and there can be no guarantee
that a Fund will achieve a high degree of correlation. While the Funds
do not expect that their daily returns will deviate adversely from
their respective daily investment objectives, several factors may
affect their ability to achieve this correlation. Among these factors
are a Fund's expenses, including fees, transaction costs and the cost
of the investment techniques employed by that Fund, bid-ask spreads, a
Fund's Share prices being rounded to the nearest cent, changes to a
Benchmark that are not disseminated in advance, and the need to conform
a Fund's portfolio holdings to comply with investment restrictions or
policies or regulatory or tax law requirements.

ProShares UltraPro Australian Dollar, ProShares UltraPro Short
Australian Dollar, ProShares Ultra Australian Dollar, ProShares
UltraShort Australian Dollar, and ProShares Short Australian Dollar
(``Australian Dollar Funds'')

    The Australian Dollar Funds will be designed to track a multiple,
the inverse, or an inverse multiple of the daily performance of the
Australian dollar spot price versus the U.S. dollar (``AUD/USD''). The
Benchmark for each of the Australian Dollar Funds will be the U.S.
dollar price of the Australian dollar. The Australian Dollar Funds will
use the 4 p.m., Eastern Time (``E.T.'') Australian dollar exchange rate
as provided by Bloomberg, expressed in terms of U.S. dollars per unit
of foreign currency, as the basis for the underlying Benchmark. The
Australian dollar is the national currency of Australia and the
currency of the accounts of the Reserve Bank of Australia, the
Australian central bank. The official currency code for the Australian
dollar is ``AUD.'' The Australian dollar is referred to in Australia as
``dollar.'' As with U.S. currency, 100 Australian cents are equal to
one Australian dollar. In Australia, unlike most other countries, cash
transactions are rounded to the nearest five cents. The most commonly
used symbol used to represent the Australian dollar is ``A$.''
    As of December 30, 2011, open interest in AUD/USD futures contracts
traded on the Chicago Mercantile Exchange (``CME'') was approximately
$11.56 billion. AUD/USD futures contracts had an average daily trading
volume in 2011 of approximately 123,006 contracts.

ProShares UltraPro Canadian Dollar, ProShares UltraPro Short Canadian
Dollar, ProShares Ultra Canadian Dollar, ProShares UltraShort Canadian
Dollar, and ProShares Short Canadian Dollar (``Canadian Dollar Funds'')

    The Canadian Dollar Funds will be designed to track a multiple, the
inverse, or an inverse multiple of the

daily performance of the Canadian dollar spot price versus the U.S.
dollar (CAD/USD). The Benchmark for each of the Canadian Dollar Funds
will be the U.S. dollar price of the Canadian dollar. The Canadian
Dollar Funds will use the 4 p.m., E.T. Canadian dollar exchange rate as
provided by Bloomberg, expressed in terms of U.S. dollars per unit of
foreign currency, as the basis for the underlying Benchmark. The
Canadian dollar is the national currency of Canada and the currency of
the accounts of the Bank of Canada, the Canadian central bank. The
official currency code for the Canadian dollar is ``CAD.'' As with U.S.
currency, 100 Canadian cents are equal to one Canadian dollar.
    As of December 30, 2011, open interest in CAD/USD futures contracts
traded on CME was approximately $11.66 billion. CAD/USD futures
contracts had an average daily trading volume in 2011 of approximately
89,667 contracts.

ProShares UltraPro Swiss Franc, ProShares UltraPro Short Swiss Franc,
ProShares Ultra Swiss Franc, ProShares UltraShort Swiss Franc, and
ProShares Short Swiss Franc (``Swiss Franc Funds'')

    The Swiss Franc Funds will be designed to track a multiple, the
inverse, or an inverse multiple of the daily performance of the Swiss
franc spot price versus the U.S. dollar (``CHF/USD''). The Benchmark
for each of the Swiss Franc Funds will be the U.S. dollar price of the
Swiss franc. The Swiss Franc Funds will use the 4 p.m., E.T. Swiss
franc exchange rate as provided by Bloomberg, expressed in terms of
U.S. dollars per unit of foreign currency, as the basis for the
underlying Benchmark. The Swiss franc is the national currency of
Switzerland and Liechtenstein and the currency of the accounts of the
Swiss National Bank, the central bank of Switzerland. The official
currency code for the Swiss franc is ``CHF.'' Each Swiss franc is equal
to 100 Swiss centimes.
    As of December 30, 2011, open interest in CHF/USD futures contracts
traded on CME was approximately $4.99 billion. CHF/USD futures
contracts had an average daily trading volume in 2011 of approximately
40,955 contracts.

ProShares UltraPro Euro, ProShares UltraPro Short Euro, and ProShares
Short Euro (``Euro Funds'')

    The Euro Funds will be designed to track a multiple, the inverse,
or an inverse multiple of the daily change in the spot price of the
euro versus the U.S. dollar (``EUR/USD''). The Benchmark for each of
the Euro Funds will be the U.S. dollar price of the euro. The Euro
Funds will use the 4 p.m., E.T. euro exchange rate as provided by
Bloomberg, expressed in terms of U.S. dollars per unit of foreign
currency, as the basis for the underlying Benchmark. The euro is the
official currency of the Eurozone, which currently consists of 17
European states including: Austria, Belgium, Cyprus, Estonia, Finland,
France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, the
Netherlands, Portugal, Slovakia, Slovenia, and Spain. The euro is
managed and administered by the European Central Bank and the European
System of Central Banks.
    As of December 30, 2011, open interest in EUR/USD futures contracts
traded on CME was approximately $46.12 billion. EUR/USD futures
contracts had an average daily trading volume in 2011 of approximately
336,947 contracts.

ProShares UltraPro U.S. Dollar, ProShares UltraPro Short U.S. Dollar,
ProShares Ultra U.S. Dollar, ProShares UltraShort U.S. Dollar, and
ProShares Short U.S. Dollar (``U.S. Dollar Funds'')

    The U.S. Dollar Funds will be designed to track a multiple, the
inverse or an inverse multiple of the daily performance of their
Benchmark, the U.S. Dollar Index (``U.S. Dollar Index'' or
``Index'').\9\ The U.S. Dollar Index is a geometrically-averaged
calculation of six currencies weighted against the U.S. dollar. The six
component currencies are the euro, Japanese yen, British pound,
Canadian dollar, Swedish krona, and Swiss franc. The component
currencies do not have the same weight. The euro has a weighting of
57.6%, the Japanese yen a weighting of 13.6%, the British pound a
weighting of 11.9%, the Canadian dollar a weighting of 9.1%, the
Swedish krona a weighting of 4.2%, and the Swiss franc a weighting of
3.6%. The U.S. Dollar Index is calculated by Bloomberg in real time
approximately every 15 seconds using the spot prices of the Index's
component currencies. The price used for the calculation of the Index
is the mid-point between the Bloomberg top of the book bid/offer in the
component currencies.
---------------------------------------------------------------------------

    \9\ The U.S. Dollar Index was created by the U.S. Federal
Reserve in 1973. Following the ending of the 1944 Bretton Woods
Agreement, which had established a system of fixed exchange rates,
the U.S. Federal Reserve Bank began the calculation of the U.S.
Dollar Index to provide an external bilateral trade-weighted average
of the U.S. dollar as it freely floated against global currencies.
Futures contracts based on the U.S. Dollar Index (``USDX'' or ``U.S.
Dollar Index futures contracts'') were listed on November 20, 1985,
and are now available only on the IntercontinentalExchange (``ICE'')
electronic trading platform. Options on the futures contracts began
trading on September 3, 1986, and are available both on the ICE
electronic trading platform and on the ICE options trading floor.
---------------------------------------------------------------------------

    In addition to the data on EUR/USD, CAD/USD, CHF/USD, and JPY/USD
futures contracts stated herein, as of December 30, 2011, open interest
in U.S. Dollar Index futures contracts traded on ICE was approximately
$5.44 billion. U.S. Dollar Index futures contracts had an average daily
trading volume in 2011 of approximately 30,341 contracts. Open interest
in British pound (``GBP/USD'') futures contracts traded on the CME was
approximately $19.59 billion, and GBP/USD futures contracts had an
average daily trading volume in 2011 of approximately 116,115
contracts. Open interest in Swedish krona (``SEK/USD'') futures
contracts traded on the CME was approximately $16.79 million, and SEK/
USD futures contracts had an average daily trading volume of
approximately 8 contracts.

ProShares UltraPro Yen, ProShares UltraPro Short Yen, and ProShares
Short Yen (``Yen Funds'')

    The Yen Funds will be designed to track a multiple, the inverse, or
an inverse multiple of the daily performance of the Japanese yen spot
price versus the U.S. dollar (``JPY/USD''). The Benchmark for each of
the Yen Funds will be the U.S. dollar price of the Japanese yen. The
Yen Funds will use the 4 p.m., E.T. Japanese yen exchange rate as
provided by Bloomberg, expressed in terms of U.S. dollars per unit of
foreign currency, as the basis for the underlying Benchmark. The
Japanese yen has been the official currency of Japan since 1871. The
Bank of Japan has been operating as the central bank of Japan since
1882. The official currency code for the Japanese yen is ``YEN.''
    As of December 30, 2011, open interest in JPY/USD futures contracts
traded on the CME was approximately $25.75 billion. JPY/USD futures
contracts had an average daily trading volume in 2011 of approximately
113,476 contracts.

Benchmark Futures Contracts Held by the Funds

    All open Benchmark Futures Contracts held by the Funds will be
traded on a United States exchange and will be calculated at their then
current market value, based upon the last traded price before the net
asset value (``NAV'') calculation time, for that particular futures
contract traded on the applicable United States exchange on the date
with respect to which NAV is being determined; provided, that if a
futures contract traded on a United States

exchange could not be liquidated on such day, due to the operation of
daily limits or other rules of the exchange upon which that position is
traded or otherwise, the Sponsor may in its sole discretion choose to
determine a fair value price as the basis for determining the market
value of such position for such day.
    The Benchmark Futures Contracts trade on the following exchanges:

----------------------------------------------------------------------------------------------------------------
             Fund benchmarks                     Benchmark futures contracts                Exchange \10\
----------------------------------------------------------------------------------------------------------------
Australian dollar/U.S. dollar exchange     AUD/USD                                  CME
 rate.
Canadian dollar/U.S. dollar exchange rate  CAD/USD                                  CME
European euro/U.S. dollar exchange rate..  EUR/USD                                  CME
Japanese yen/U.S. dollar exchange rate...  JPY/USD                                  CME
Swiss franc/U.S. dollar exchange rate....  CHF/USD                                  CME
U.S. Dollar Index........................  USDX                                     ICE
                                           CAD/USD                                  CME
                                           CHF/USD                                  CME
                                           EUR/USD                                  CME
                                           GBP/USD                                  CME
                                           JPY/USD                                  CME
                                           SEK/USD                                  CME
----------------------------------------------------------------------------------------------------------------
\10\ Each Benchmark Futures Contract trades electronically for 21 or more hours each trading session, beginning
  every Sunday evening and closing for the week on the following Friday evening.

    Additional details regarding the Trust, Funds, Shares, trading
policies of the Funds, creations and redemptions of the Shares,
investment risks, fees, NAV calculation, the dissemination and
availability of information about the underlying assets of the Funds,
trading halts, applicable trading rules, surveillance, and the
Information Bulletin, among other things, can be found in the Notice
and/or the Registration Statement, as applicable.\11\
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    \11\ See Notice and Registration Statement, supra notes 3 and 5,
respectively.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change to list and trade the Shares of the Funds is consistent with the
requirements of Section 6 of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\12\ In
particular, the Commission finds that the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act,\13\
which requires, among other things, that the Exchange's rules be
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, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Commission notes that
the Funds and the Shares must comply with the requirements of NYSE Arca
Equities Rule 8.200 and Commentary .02 thereto to be listed and traded
on the Exchange.
---------------------------------------------------------------------------

    \12\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\14\ which sets forth Congress's finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information regarding the Shares will be available via the
Consolidated Tape Association (``CTA'') high-speed line. The value of
the Benchmarks will be disseminated by one or more major market data
vendors and will be updated at least every 15 seconds during the NYSE
Arca Core Trading. Data regarding the U.S. Dollar Index is also
available from the Index provider to subscribers.\15\ In addition, an
Indicative Optimized Portfolio Value (``IOPV'') for each Fund, which
will be calculated using the prior day's closing net assets of each
Fund as a base and updating that value throughout the NYSE Arca Core
Trading Session to reflect changes in the value of Benchmark Futures
Contracts and forward contracts, if any, held by the Fund, will be
widely disseminated by one or more major market data vendors at least
every 15 seconds during the NYSE Arca Core Trading Session.\16\ The NAV
for each Fund will be calculated by the Administrator each trading day
and will be disseminated daily.\17\ The Trust will provide Web site
disclosure of the portfolio holdings of each Fund daily and will
include, as applicable, the description and notional value (in U.S.
dollars) of each Fund's investments in Benchmark Futures Contracts and
forward contracts, if any, and cash equivalents and the amount of cash
held by each Fund. The intraday pricing and settlement values of the
Benchmark Futures Contracts held by the Funds are readily available
from CME, ICE, and other public sources or on-line information
services. Real-time dissemination of spot pricing for the Australian
dollar, Canadian dollar, Swiss franc, euro, and Japanese yen, and data
for the U.S. Dollar Index are also available from major market data
vendors. In addition, the Web site for the Funds and/or the Exchange
will contain the prospectus and additional data relating to NAV and
other applicable quantitative information.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \15\ ICE Futures U.S., Inc. compiles, maintains, determines, and
weights the components of the U.S. Dollar Index. ICE Futures U.S.,
Inc. is not engaged in the business of trading in commodities or
securities, but operates a derivatives exchange. ICE Futures U.S.,
Inc. maintains a code of conduct applicable to all personnel that
prohibits disclosure of any confidential information obtained during
the course of one's employment and the use or disclosure of any
material non-public information relating to changes to the
composition of the U.S. Dollar Index or changes to the U.S. Dollar
Index methodology in violation of applicable laws, rules, or
regulations.
    \16\ According to the Exchange, several major market data
vendors currently display and/or make widely available IOPVs
published on CTA or other data feeds.
    \17\ The NAV per Share of each Fund will be computed by dividing
the value of the net assets of such Fund (i.e., the value of its
total assets less total liabilities) by its total number of Shares
outstanding. The NAV calculation time for each Fund will be 4 p.m.,
E.T.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair

disclosure of information that may be necessary to price the Shares
appropriately and to prevent trading when a reasonable degree of
transparency cannot be assured. If the Exchange becomes aware that the
NAV with respect to the Shares is not disseminated to all market
participants at the same time, it will halt trading in the Shares until
such time as the NAV is available to all market participants. Further,
the Exchange represents that it may halt trading during the day in
which an interruption to the dissemination of the IOPV, the Benchmark
value, or the value of the underlying Benchmark Futures Contracts
occurs. If the interruption to the dissemination of the IOPV, the
Benchmark value, or the value of the underlying Benchmark Futures
Contracts persists past the trading day in which it occurred, the
Exchange will halt trading no later than the beginning of the trading
day following the interruption. The Exchange may halt trading in the
Shares if trading is not occurring in the underlying Benchmark Futures
Contracts, or if other unusual conditions or circumstances detrimental
to the maintenance of a fair and orderly market are present.\18\ In
addition, the Web site disclosure of the portfolio composition of each
Fund will occur at the same time as the disclosure by the Sponsor of
the portfolio composition to authorized participants so that all market
participants are provided portfolio composition information at the same
time. Therefore, the same portfolio information will be provided on the
public Web site as well as in electronic files provided to authorized
participants. Accordingly, each investor will have access to the
current portfolio composition of each Fund through the Funds' Web site.
The Exchange states that it has a general policy prohibiting the
distribution of material, non-public information by its employees.
Lastly, the trading of the Shares will be subject to NYSE Arca Equities
Rule 8.200, Commentary .02(e), which sets forth certain restrictions on
ETP Holders \19\ acting as registered Market Makers \20\ in Trust
Issued Receipts to facilitate surveillance.
---------------------------------------------------------------------------

    \18\ With respect to trading halts, the Exchange may consider
all relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading in the Shares will be subject to
halts caused by extraordinary market volatility pursuant to the
Exchange's ``circuit breaker'' rule in NYSE Arca Equities Rule 7.12
or by the halt or suspension of trading of the underlying Benchmark
Futures Contracts. Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable.
    \19\ See NYSE Arca Equities Rule 1.1(n) (defining ETP Holder).
    \20\ See NYSE Arca Equities Rule 1.1(u) (defining Market Maker).
---------------------------------------------------------------------------

    The Exchange has represented that the Shares are deemed to be
equity securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made representations,
including:
    (1) The Funds will be subject to the criteria in NYSE Arca Equities
Rule 8.200 and Commentary .02 thereto for initial and continued listing
of the Shares.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange's surveillance procedures applicable to derivative
products, including Trust Issued Receipts, are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws.
    (4) The Exchange can obtain market surveillance information,
including customer identity information, from ICE and CME, which are
members of the Intermarket Surveillance Group.
    (5) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The risks involved in trading the Shares during the Opening and Late
Trading Sessions when an updated IOPV will not be calculated or
publicly disseminated; (b) the procedures for purchases and redemptions
of Shares in ``Creation Unit'' size (and that Shares are not
individually redeemable); (c) NYSE Arca Equities Rule 9.2(a), which
imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(d) how information regarding the IOPV is disseminated; (e) the
requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; and (f) trading information. The
Information Bulletin will also reference, among other things, the FINRA
Regulatory Notices regarding sales practice and customer margin
requirements for FINRA members applicable to leveraged exchange-traded
funds (which include the Shares) and options thereon.\21\ ETP Holders
that carry customer accounts will be required to follow the FINRA
guidance set forth in the FINRA Regulatory Notices.
---------------------------------------------------------------------------

    \21\ See FINRA Regulatory Notices 09-31 (June 2009), 09-53
(August 2009) and 09-65 (November 2009). Prior to the commencement
of trading, the Exchange will inform its ETP Holders of the
suitability requirements of NYSE Arca Equities Rule 9.2(a) in an
Information Bulletin. Specifically, ETP Holders will be reminded
that, in recommending transactions in these securities, they must
have a reasonable basis to believe that (1) the recommendation is
suitable for a customer given reasonable inquiry concerning the
customer's investment objectives, financial situation, needs, and
any other information known by such member, and (2) the customer can
evaluate the special characteristics, and is able to bear the
financial risks, of an investment in the Shares. In connection with
the suitability obligation, the Information Bulletin will also
provide that members must make reasonable efforts to obtain the
following information: (1) The customer's financial status; (2) the
customer's tax status; (3) the customer's investment objectives; and
(4) such other information used or considered to be reasonable by
such member or registered representative in making recommendations
to the customer.
---------------------------------------------------------------------------

    (6) The minimum number of Shares for each Fund to be outstanding at
the start of trading will be 100,000 Shares.
    (7) For the initial and continued listing of the Shares, the Funds
must be in compliance with NYSE Arca Equities Rule 5.3 and Rule 10A-3
under the Act.\22\
---------------------------------------------------------------------------

    \22\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (8) To the extent practicable, the Funds will invest in forward
contracts cleared through the facilities of a centralized clearing
house. In addition, with respect to investments in forward contracts,
the Sponsor will attempt to mitigate the Funds' credit risk by
transacting only with large, well-capitalized institutions using
measures designed to determine the creditworthiness of a counterparty.
The Sponsor will take various steps to limit counterparty credit risk.
    This approval order is based on all of the Exchange's
representations.\23\
---------------------------------------------------------------------------

    \23\ The Commission notes that it does not regulate the market
for futures in which the Funds plan to take positions, which is the
responsibility of the Commodity Futures Trading Commission
(``CFTC''). The CFTC has the authority to set limits on the
positions that any person may take in futures. These limits may be
directly set by the CFTC or by the markets on which the futures are
traded. The Commission has no role in establishing position limits
on futures, even though such limits could impact an exchange-traded
product that is under the jurisdiction of the Commission.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \24\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b)(5).

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

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\25\ that the proposed rule change (SR-NYSEArca-2012-04) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Secretary.
[FR Doc. 2012-6231 Filed 3-14-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Rules and Regulations]
[Pages 48563-48565]
[FR Doc No: 2019-19912]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0324; Product Identifier 2019-NM-031-AD; Amendment
39-19726; AD 2019-17-06]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD
was prompted by reports of cracks on certain nose landing gear (NLG)
turning tubes resulting from incorrectly applied repairs. This AD
requires removing the affected parts and replacing them with
serviceable parts. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective October 21, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 21,
2019.

ADDRESSES: For Fokker service information identified in this final
rule, contact Fokker Services B.V., Technical Services Dept., P.O. Box
1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350;
fax +31 (0)88-6280-111; email<EMAIL_ADDRESS>internet
http://www.myfokkerfleet.com. For Safran service information identified
in this final rule, contact Safran Landing Systems, One Carbon Way,
Walton, KY 41094; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
internet https://www.safran-landing-systems.com. You may view this
service information at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0324.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0324; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Fokker Services
B.V. Model F28 Mark 0070 and 0100 airplanes. The NPRM published in the
Federal Register on May 14, 2019 (84 FR 21270). The NPRM was prompted
by reports of cracks on certain NLG turning tubes resulting from
incorrectly applied repairs. The NPRM proposed to require removing the
affected parts and replacing them with serviceable parts.
    The FAA is issuing this AD to address cracking of NLG turning
tubes, which could lead to NLG turning tube failure, possibly resulting
in damage to the airplane and injury to occupants.
    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0037, dated February 19, 2019 (referred to after this as
the Mandatory Continuing Airworthiness Information, or ``the MCAI''),
to correct an unsafe condition for all Fokker Services B.V. Model F28
Mark 0070 and 0100 airplanes. The MCAI states:

    Occurrences have been reported of finding cracks on certain NLG
turning tubes. The subsequent investigation results revealed that
the cracks initiated from an area that is sensitive to fatigue
cracking, which had been subject to incorrectly applied repairs.
    This condition, if not detected and corrected, could lead to NLG
turning tube

failure, possibly resulting in damage to the aeroplane and injury to
occupants.
    To address this potential unsafe condition, Fokker Services
published the SB [service bulletin] to provide replacement
instructions, referring to SLS [Safran Landing Systems] SB F100-32-
117 for in-shop inspection.
    For the reasons described above, this [EASA] AD requires removal
from service of the affected part and replacement with a serviceable
part.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0324.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-32-
171, dated November 27, 2018. This service information describes
procedures for removing and replacing affected NLG turning tubes.
    Safran Landing Systems has issued Safran Service Bulletin F100-32-
117, dated July 30, 2018. This service information describes procedures
for a magnetic particle or eddy current inspection of NLG turning
tubes.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
    Costs of Compliance
    The FAA estimates that this AD affects 4 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765...........................          $1,282           $2,047           $8,188
----------------------------------------------------------------------------------------------------------------

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

    2019-17-06 Fokker Services B.V.: Amendment 39-19726; Docket No.
FAA-2019-0324; Product Identifier 2019-NM-031-AD.

(a) Effective Date

    This AD is effective October 21, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0070 and
0100 airplanes, certificated in any category, all manufacturer
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by reports of cracks on certain nose
landing gear (NLG) turning tubes resulting from incorrectly applied
repairs. The FAA is issuing this AD to address cracking of NLG
turning tubes, which could lead to NLG turning tube failure,
possibly resulting in damage to the airplane and injury to
occupants.

(f) Compliance

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

(g) Definitions

    (1) An affected part is an NLG turning tube assembly having part
number (P/N) 201456200, 201071202, 201071240, or

201071241 installed on an NLG unit having a part number identified
in Safran Service Bulletin F100-32-117, dated July 30, 2018.
    (2) A serviceable part is an affected part that is new or that,
before installation, has passed an inspection (no cracks found,
having the correct radius), in accordance with the Accomplishment
Instructions of Safran Service Bulletin F100-32-117, dated July 30,
2018.

(h) Replacement

    Within 22,000 flight cycles after the effective date of this AD:
Replace the affected parts, with serviceable parts, in accordance
with the Accomplishment Instructions of Fokker Service Bulletin
SBF100-32-171, dated November 27, 2018.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on
any airplane, an affected part, unless it is a serviceable part.

(j) No Reporting Requirement

    Although Safran Service Bulletin F100-32-117, dated July 30,
2018, specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Union
Aviation Safety Agency (EASA); or Fokker Services B.V.'s EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2019-0037, dated February 19, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0324.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(m) 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) Fokker Service Bulletin SBF100-32-171, dated November 27,
2018.
    (ii) Safran Service Bulletin F100-32-117, dated July 30, 2018.
    (3) For Fokker service information identified in this final
rule, contact Fokker Services B.V., Technical Services Dept., P.O.
Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-
6280-350; fax +31 (0)88-6280-111; email
<EMAIL_ADDRESS>internet http://www.myfokkerfleet.com.
For Safran service information identified in this final rule,
contact Safran Landing Systems, One Carbon Way, Walton, KY, 41094;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; internet https://www.safran-landing-systems.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 22, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-19912 Filed 9-13-19; 8:45 am]
 BILLING CODE 4910-13-P