[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Notices]
[Page 37870-37872]
[DOCID:fr30jn10-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62370; File No. SR-NYSEAmex-2010-62]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE AMEX LLC to Expand and
Permanently Establish Its Short Term Option Program

June 23, 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 June 17, 2010, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') 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 NYSE Amex. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 903, Rule 900C, and Rule 903C
so as to make changes to, and make permanent the Short Term Option
Series Pilot. The text of the proposed rule change is attached as
Exhibit 5 to the 19b-4 form. A copy of this filing is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange's principal
office, 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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this filing is to amend Rule 903 Commentary .10 to
increase the number of Short Term Options Series in an underlying class
from five to twenty. The proposed change is based on an approved rule
of the Chicago Board Options Exchange, Inc. (``CBOE''). The Exchange is
proposing to adopt the Pilot Program on a permanent basis. In addition,
the Exchange is proposing, by amending Rule 903C, certain non-
substantive changes to reorganize its rule text related to Short Term
Option Series so that applicable terms are located within a single
section of the relevant rules. The Exchange is also amending Rule 903
to allow the Short Term Option Opening Date to be either a Thursday or
Friday (or, if the Exchange is not open for business on the respective
Thursday or Friday, the first business day immediately prior to that
respective Thursday or Friday), based on a rule change adopted by the
CBOE.\3\
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    \3\ See Exchange Act Release No. 62170, (May 25, 2010) 75 FR
30889 (June 2, 2010) (SR-CBOE-2010-048).

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    On July 12, 2005, the Securities and Exchange Commission
(``Commission'') approved the Pilot Program.\4\ The Pilot Program
allows NYSE Amex to list and trade Short Term Option Series, which
would expire one week after the date on which a series is opened. Under
the Pilot Program, NYSE Amex can select up to five approved option
classes on which Short Term Option Series could be opened.
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    \4\ See Exchange Act Release No. 52014, (July 12, 2005) 70 FR
41244 (July 18, 2005); The Pilot has been extended each year. See
Exchange Act Release No. 54131 (July 12, 2006) 71 FR 40760 (July 18,
2006); Exchange Act Release No. 56046 (July 11, 2007) 72 FR 39105
(July 17, 2007); Exchange Act Release No. 58084 (July 2, 2008) 73 FR
39743 (July 10, 2008); Exchange Act Release No. 60286 (July 10,
2009) 74 FR 34834 (July 17, 2009).
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    If selected for the Pilot Program, the Exchange may open up to five
Short Term Option Series for each expiration date in that class. The
strike price of each Short Term Option Series are fixed at a price per
share, 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 Exchange proposes to adopt the Pilot Program on a permanent
basis. The current Pilot expires on July 12, 2010.
    While NYSE Amex did not list any Short Term Option Series during
most of the Pilot Period, it did recently select four multiply listed
issues in which to list Short Term Options Series.\5\ There has been
continued investor interest in trading short-term options at the
Chicago Board Options Exchange (``CBOE''), and significant investor
interest in Short Term Options Series in the four issues selected by
NYSE Amex. The CBOE adopted their Pilot Program on a permanent basis
after four years of trading ``weeklys'' on four index products, and
found no operational or capacity related problems.\6\ In order to
remain competitive in listing Short Term Option Series in multiply
listed classes, and to have the ability to respond to customer
interests if warranted, the Exchange proposes to adopt its Pilot
Program on a permanent basis.
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    \5\ On June 3, 2010, the Exchange listed Short Term Options
Series expiring June 11, 2010 in NASDAQ 100 Tracking Stock (QQQQ);
SPDR S&P 500 ETF (SPY); iShares Russell 2000 Index Fund (IWM); and
DIAMONDS Trust (DIA).
    \6\ See Securities Exchange Act Release No. 59824 (April 27,
2009), 74 FR 20518 (May 4, 2009) (SR-CBOE-2009-018).
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    In the original proposal to establish the Pilot Program the
Exchange stated that if it were to propose an extension or an expansion
of the program, the Exchange would submit, along with any filing
proposing such amendments to the program, a Pilot Program report
(``Report''). The Report would provide an analysis of the Pilot Program
covering the entire period during which the Pilot Program was in
effect. Since the Exchange did not have any Short Term Options Series
listed as part of the Pilot Program until very recently, there is no
data available to compile such a report at this time. Therefore there
is no Report associated with the program included with this proposal to
adopt the Program on a permanent basis. NYSE Amex does commit to
providing a Report on Short Term Option Series to the Commission no
later than May 31, 2011, covering the period from June 3, 2010 through
March 31, 2011.
    NYSE Amex is proposing to modify the terms of the Pilot Program to
provide that up to twenty (as opposed to five) Short Term Option Series
may be opened for each expiration date. The Exchange believes this
increase in the number of series will provide investors with greater
flexibility in the trading of Short Term Option Series by allowing
investors to establish options positions that are better tailored to
meet their investment objectives. NYSE Amex also believes that allowing
for the increased number of series would allow us to better maintain an
orderly market, meet customer demand and respond in scenarios when the
market price of the underlying moves substantially from the exercise
price or prices of the series already opened, which we anticipate will
occur as evidenced with the recent volatility in the market.
    Consistent with the existing Pilot Program provisions: (i)
Approximately the same number of strike prices would be opened above
and below the value of the underlying security or calculated index
value at about the time the Short Term Option Series are initially
opened for trading; (ii) if the Exchange has opened 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 exercise price or prices of the series already
opened; and (iii) in any event, the total number of series for a given
expiration date will not exceed twenty series.
    The Exchange is also changing the Pilot Program rules to include a
condition that any strike prices initially listed by the Exchange shall
be within thirty percent (30%) above or below the closing price of the
underlying security on the preceding day or the current value of the
underlying index, as applicable. Any additional strike prices listed by
the Exchange shall be within thirty percent (30%) above or below the
current price of the underlying security or current value of the
underlying index, as applicable. Under the rule change, 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 or current value of the underlying index, as applicable,
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. The
opening of the new Short Term Option Series shall not affect the series
of options of the same class previously opened. The Exchange believes
there is sufficient investor interest and demand to increase the number
of series.
    The Exchange is also proposing to allow Short Term Options Series
to be opened on any Thursday (or Friday) that expire on the Friday of
the following business week, similar to a recently adopted rule change
of the CBOE.\7\ This will provide market participants an opportunity to
``roll'' expiring positions; that is, trade out of an expiring Short
Term Option Series and re-establish a new position in the Short Term
Option Series expiring one week later. Since the last trading day for
A.M.-settled Short Term Option Series on indexes is generally a
Thursday, and new A.M.-settled Short Term Options Series on indexes are
generally listed on Friday, new and expiring A.M.-settled Short Term
Options Series are never available concurrently.
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    \7\ See Exchange Act Release No. 62170 (May 25, 2010) 75 FR
30889 (June 2, 2010).
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    As a result, it is impossible to implement a position roll in A.M.-
settled Short Term Options on indexes. The Exchange has been advised
that opening A.M.-settled Short Term Options on indexes just one day
earlier, and providing an opportunity to roll, would enhance the value
of A.M.-settled Short Term Options on indexes as a risk management
tool.
    In order to avoid investor confusion, the Exchange is proposing to
permit the listing of all Short Term Option series (equity and index)
on any Thursday or Friday. As proposed, the rule changes give the
Exchange the flexibility to list Short Term Option series on any
Thursday or Friday, and do not restrict listing to a particular day.

    The Exchange believes that the Pilot Program will provide investors
with additional means of managing their risk exposures and carrying out
their investment objectives. The Exchange also represents that is has
the necessary system capacity to support the option series listed under
the Pilot Program and the proposed increase in number of series.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \8\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \9\ in
particular in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest. The Exchange believes that
increasing the number of available strikes in Short Term Options Series
will provide investors with additional means of managing their risk and
carrying out their investment objectives.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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 \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to that of
another exchange that was approved by the Commission.\14\ Therefore,
the Commission designates the proposal operative upon filing.\15\
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    \14\ See Securities Exchange Act Release No. 59824 (April 27,
2009), 74 FR 20518 (May 4, 2009) (SR-CBOE-2009-018).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission 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.

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-NYSEAmex-2010-62 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-NYSEAmex-2010-62.
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-
NYSEAmex-2010-62 and should be submitted on or before July 21, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15825 Filed 6-29-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Notices]
[Pages 29273-29275]
[FR Doc No: 2016-11114]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0450]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Abbreviated New Animal Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
provisions of abbreviated new animal drug applications.

DATES: Submit either electronic or written comments on the collection
of information by July 11, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or

anyone else's Social Security number, or confidential business
information, such as a manufacturing process. Please note that if you
include your name, contact information, or other information that
identifies you in the body of your comments, that information will be
posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
[FDA-2013-N-0450] for ``Abbreviated New Animal Drug Applications.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Abbreviated New Animal Drug Applications--Sections 512(b)(2) and (n)(1)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(b)(2) and
(n)(1)) (OMB Control Number 0910-0669))--Extension

    Under section 512(b)(2) of the Federal Food, Drug, and Cosmetic Act
(the FD&C Act), any person may file an abbreviated new animal drug
application (ANADA) seeking approval of a generic copy of an approved
new animal drug. The information required to be submitted as part of an
ANADA is described in section 512(n)(1) of the FD&C Act. Among other
things, an ANADA is required to contain information to show that the
proposed generic drug is bioequivalent to, and has the same labeling
as, the approved new animal drug. We use the information submitted,
among other things, to assess bioequivalence to the originally approved
drug and thus, the safety and effectiveness of the generic new animal
drug. We allow applicants to submit a complete ANADA or to submit
information in support of an ANADA for phased review. Applicants may
submit Form FDA 356v with a complete ANADA or a phased review
submission to ensure efficient and accurate processing of information.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
         FD&C Act sections 512 (b)(2) and (n)(1)             FDA Form        Number of     responses per   Total annual   Average burden    Total hours
                                                                            respondents     respondent       responses     per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
ANADA...................................................            356v              18               1              18             159           2,862

Phased Review with Administrative ANADA.................            356v               3               5              15            31.8             477
                                                                                ---------------
    Total...............................................  ..............  ..............  ..............  ..............  ..............           3,339
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    We base our estimates on our experience with ANADA submissions and
requests for phased review. We estimate that we will receive 21 ANADA
submissions per year over the next three years and that three of those
submissions will request phased review. We estimate that each applicant
that uses the phased review process will have approximately five phased
reviews per application. We estimate that an applicant will take
approximately 159 hours to prepare either an ANADA or the estimated 5
ANADA phased review submissions and the administrative ANADA.

    Dated: May 5, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-11114 Filed 5-10-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41670-41671]
[FR Doc No: 2020-14847]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0066; Notice 1]

Volkswagen Group of America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Volkswagen Group of America, Inc., (Volkswagen) has determined
that certain model year (MY) 2019 2020 Volkswagen and Audi motor
vehicles do not fully comply with Federal Motor Vehicle Safety Standard
(FMVSS) No. 138, Tire Pressure Monitoring Systems. Volkswagen filed a
noncompliance report dated May 6, 2020, and later amended it on May 15,
2020. Volkswagen subsequently petitioned NHTSA on May 20, 2020, and
later amended it on June 8, 2020, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This notice announces receipt of Volkswagen's petition.

DATES: Send comments on or before August 10, 2020.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Volkswagen has determined that certain MY 2019 2020
Volkswagen and Audi motor vehicles do not fully comply with the
requirements of paragraph S6(f)(3) of FMVSS No. 138, Tire Pressure
Monitoring Systems (49 CFR 571.138). Volkswagen filed a

noncompliance report dated May 6, 2020, and later amended it on May 15,
2020, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Volkswagen subsequently petitioned NHTSA on
May 20, 2020, but amended it on June 8, 2020, for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR
part 556, Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Volkswagen's petition is published under
49 U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 299,043 of the following MY
2019-2020 Volkswagen and Audi motor vehicles manufactured between
November 26, 2018, and February 19, 2020, are potentially involved:
 2019-2020 Volkswagen Atlas
 2020 Volkswagen Atlas Cross Sport
 2019 Volkswagen Golf R
 2019 Volkswagen Tiguan LWB
 2019-2020 Volkswagen Jetta NF
 2019-2020 Volkswagen Jetta GLI
 2019 Volkswagen Golf Sportwagen A7
 2019 Audi Q3
 2019-2020 Volkswagen Golf GTI
 2019 Volkswagen Golf Alltrack
 2019-2020 Volkswagen Golf A7
 2019-2020 Audi A3 Sedan
 2019 Audi A3 Cabriolet
    III. Noncompliance: Volkswagen explains that the noncompliance is
that the subject vehicles are equipped with tire pressure monitoring
systems (TPMS) that do not fully comply with the requirements set forth
in paragraph S6(f)(3) of FMVSS No. 138. Specifically, when there is a
simultaneous pressure loss on all four tires, in which pressure loss
occurs at the same rate and time, the detection may not occur within
the 20-minute timeframe specified in test procedure requirements.
    IV. Rule Requirements: Paragraph S6(f)(3) of FMVSS No. 138 includes
requirements relevant to this petition. The sum of the total cumulative
drive time under paragraphs S6(f)(1) and (2) shall be the lesser of 20
minutes or the time at which the low tire pressure telltale
illuminates.
    V. Summary of Volkswagen's Petition: The following views and
arguments presented in this section, V. Summary of Volkswagen's
Petition, are the views and arguments provided by Volkswagen. They have
not been evaluated by the Agency and do not reflect the views of the
Agency. Volkswagen described the subject noncompliance and stated their
belief that the noncompliance is inconsequential as it relates to motor
vehicle safety.
    In support of its petition, Volkswagen submitted the following
reasoning:
    1. A rapid tire pressure loss on one or more tires is accurately
detected and the low tire pressure warning telltale will illuminate and
warn the driver.
    2. A pressure loss on fewer than four tires at the same time and
rate will be detected, and the low tire pressure warning telltale will
illuminate and warn the driver.
    3. A simultaneous pressure loss on all four tires at the same rate
will be detected and indicated to the driver, but not in the required
20 minutes. Internal tests have shown that in those tests where the
pressure loss was not detected in 20 minutes, a warning to the driver
was still shown in under 50 minutes. Volkswagen believes this behavior
is not relevant for real world driving, as this particular diffusion
scenario, involving all four tires at the same time and same rate, is
very unlikely to happen in real world driving.
    4. As of the production dates listed below, the condition has been
corrected:
    Volkswagen:
     2019-2020 Volkswagen Golf vehicles, as of October 26,
2019;
     2019 Volkswagen Golf Alltrack vehicles, as of October 26,
2019;
     2019-2020 Volkswagen Golf GTI vehicles, as of October 26,
2019;
     2019 Volkswagen Golf Sportwagen vehicles, as of August 28,
2019;
     2019 Volkswagen Golf R vehicles, as of August 20, 2019;
     2019-2020 Volkswagen Jetta vehicles, as of October 24,
2019;
     2019-2020 Volkswagen Jetta GLI vehicles, as of October 24,
2019;
     2019 Volkswagen Tiguan vehicles, as of August 18, 2019;
     2019-2020 Volkswagen Atlas vehicles, as of February 20,
2020; and
     2020 Volkswagen Atlas Cross Sport vehicles, as of July 25,
2019.
    Audi:
     2019-2020 Audi A3 vehicles, as of January 25, 2020;
     2019 Audi A3 Cabriolet vehicles, as of July 13, 2019; and
     2019 Audi Q3 vehicles, as of July 31, 2019.
    5. The affected vehicles held at the factory have been corrected,
and unsold units in dealer inventory will be corrected prior to sale.
    6. Additionally, Volkswagen is not aware of any field or customer
complaints related to this condition, nor has it been made aware of any
accidents or injuries that have occurred as a result of this issue.
    Volkswagen concluded by expressing its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Volkswagen no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after
Volkswagen notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-14847 Filed 7-9-20; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 641-644]
[FR Doc No: 2020-29222]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90833; File No. SR-NYSEAMER-2020-87]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Modify the
NYSE American Options Fee Schedule

December 30, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 29, 2020, NYSE American LLC (``NYSE

American'' or the ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
self-regulatory organization. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to modify the NYSE American Options Fee
Schedule (``Fee Schedule'') to extend the waiver of certain Floor-based
fixed fees. The Exchange proposes to implement the fee change effective
January 1, 2021. The proposed change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to modify the Fee Schedule to extend
the waiver of certain Floor-based fixed fees for market participants
that have been unable to resume their Floor operations to a certain
capacity level, as discussed below. The Exchange proposes to implement
the fee change effective January 1, 2021.
    On March 18, 2020, the Exchange announced that it would temporarily
close the Trading Floor, effective Monday, March 23, 2020, as a
precautionary measure to prevent the potential spread of COVID-19.
Following the temporary closure of the Trading Floor, the Exchange
waived certain Floor-based fixed fees for April, May and June 2020.\4\
Although the Trading Floor partially reopened on May 26, 2020 and
Floor-based open outcry activity is supported, certain participants
have been unable to resume pre-Floor closure levels of operations. As a
result, the Exchange extended the fee waiver through December 2020, but
only for Floor Broker firms that were unable to operate at more than
50% of their March 2020 on-Floor staffing levels and for Market Maker
firms that have vacant or ``unmanned'' Podia for the entire month due
to COVID-19 related considerations (the ``Qualifying Firms'').\5\
Because the Trading Floor will continue to operate with reduced
capacity, the Exchange proposes to extend the fee waiver for Qualifying
Firms through the earlier of the first full month of a full reopening
of the Trading Floor facilities to Floor personnel or March 2021.\6\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 88595 (April 8,
2020), 85 FR 20737 (April 14, 2020) (SR-NYSEAMER-2020-25) (waiving
Floor-based fixed fees); 88840 (May 8, 2020), 85 FR 28992 (May 14,
2020) (SR-NYSEAMER-2020-37) (extending April 2020 fee changes
through May 2020); and 89049 (June 11, 2020), 85 FR 36649 (June 17,
2020) (SR-NYSEAMER-2020-44) (extending April and May fee changes
through June 2020). See also Fee Schedule, Section III. Monthly
Trading Permit, Rights, Floor Access and Premium Product Fees, and
IV. Monthly Floor Communication, Connectivity, Equipment and Booth
or Podia Fees.
    \5\ See Securities Exchange Act Release Nos. 89241 (July 7,
2020), 85 FR 42034 (July 13, 2020) (SR-NYSEAMER-2020-47); 89482
(August 5, 2020), 85 FR 48577 (August 11, 2020) (SR-NYSEAMER-2020-
55); 89692 (August 27, 2020), 85 FR 54611 (September 2, 2020) (SR-
NYSEAMER-2020-65); 90185 (October 14, 2020), 85 FR 66675 (October
20, 2020) (SR-NYSEAMER-2020-75). See also Fee Schedule, Section
III., Monthly Trading Permit, Rights, Floor Access and Premium
Product Fees, and IV. Monthly Floor Communication, Connectivity,
Equipment and Booth or Podia Fees.
    \6\ See proposed Fee Schedule, Section III., Monthly Trading
Permit, Rights, Floor Access and Premium Product Fees, and IV.
Monthly Floor Communication, Connectivity, Equipment and Booth or
Podia Fees.
---------------------------------------------------------------------------

    Specifically, as with the prior fee waivers, the proposed fee
waiver covers the following fixed fees for Qualifying Firms, which
relate directly to Floor operations, are charged only to Floor
participants and do not apply to participants that conduct business
off-Floor:
     Floor Access Fee;
     Floor Broker Handheld
     Transport Charges
     Floor Market Maker Podia;
     Booth Premises; and
     Wire Services.\7\
---------------------------------------------------------------------------

    \7\ See id.
---------------------------------------------------------------------------

    The proposed fee change is designed to reduce monthly costs for all
Qualifying Firms whose operations continue to be disrupted even though
the Trading Floor has partially reopened. In reducing this monthly
financial burden, the proposed change would allow Qualifying Firms that
had Floor operations in March 2020 to reallocate funds to assist with
the cost of shifting and maintaining their prior fully-staffed on-Floor
operations to off-Floor and recoup losses as a result of the partial
reopening. The Exchange believes that all Qualifying Firms would
benefit from this proposed fee change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\9\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\11\ Therefore, currently no exchange possesses significant
pricing power in the execution of multiply-listed equity & ETF options
order flow. More specifically, in November 2020, the Exchange had less
than 10% market share of executed volume of multiply-listed equity and
ETF options trades.\12\
---------------------------------------------------------------------------

    \11\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/market-data/volume/default.jsp.
    \12\ Based on OCC data, see id., the Exchange's market share in
equity-based options increased slightly from 8.06% for the month of
November 2019 to 9.09% for the month of November 2020.

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

    This proposed fee change is reasonable, equitable, and not unfairly
discriminatory because it would reduce monthly costs for all Qualifying
Firms whose operations have been disrupted despite the fact that the
Trading Floor has partially reopened because of the social distancing
requirements and/or other health concerns related to resuming operation
on the Floor. In reducing this monthly financial burden, the proposed
change would allow Qualifying Firms that had Floor operations in March
2020 to reallocate funds to assist with the cost of shifting and
maintaining their prior fully-staffed on-Floor operations to off-Floor
and recoup losses as a result of the partial reopening of the Floor.
The Exchange believes that all Qualifying Firms would benefit from this
proposed fee change.
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits as it merely continues the previous
fee waiver for Qualifying Firms, which affects fees charged only to
Floor participants and does not apply to participants that conduct
business off-Floor. The Exchange believes it is an equitable allocation
of fees and credits to extend the fee waiver for Qualifying Firms
because such firms have either no more than half of their Floor staff
(as measured by either the March 2020 or Exchange-approved) levels or
have vacant podia--and this reduction in staffing levels on the Floor
impacts the speed, volume and efficiency with which these firms can
operate, which is to their financial detriment.
    The Exchange believes that the proposal is not unfairly
discriminatory because the proposed continuation of the fee waiver
would affect all similarly-situated market participants on an equal and
non-discriminatory basis.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed changes
would encourage the continued participation of Qualifying Firms,
thereby promoting market depth, price discovery and transparency and
would enhance order execution opportunities for all market
participants. As a result, the Exchange believes that the proposed
change furthers the Commission's goal in adopting Regulation NMS of
fostering integrated competition among orders, which promotes ``more
efficient pricing of individual stocks for all types of orders, large
and small.'' \13\
---------------------------------------------------------------------------

    \13\ See Reg NMS Adopting Release, supra note 10, at 37499.
---------------------------------------------------------------------------

    Intramarket Competition. The proposed change, which continues the
fee waiver for all Qualifying Firms, is designed to reduce monthly
costs for those Floor participants whose operations continue to be
impacted, even though the Trading Floor has partially reopened. In
reducing this monthly financial burden, the proposed change would allow
Qualifying Firms that had Floor operations in March 2020 to reallocate
funds to assist with the cost of shifting and maintaining their
previously on-Floor operations to off-Floor. The Exchange believes that
the proposed waiver of fees for Qualifying Firms would not impose a
disparate burden on competition among market participants on the
Exchange because off-Floor market participants are not subject to these
Floor-based fixed fees. In addition, Floor-based firms that are not
subject to the extent of staffing shortfalls as are Qualifying Firms,
i.e., such firms have more than 50% of their March 2020--or Exchange-
approved--staffing levels on the Floor and/or have no vacant Podia
during the month, do not face the same operational disruption and
potential financial impact during the partial reopening of the Floor.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a venue
to be excessive. In such an environment, the Exchange must continually
adjust its fees to remain competitive with other exchanges and to
attract order flow to the Exchange. Based on publicly-available
information, and excluding index-based options, no single exchange
currently has more than 16% of the market share of executed volume of
multiply-listed equity and ETF options trades.\14\ Therefore, currently
no exchange possesses significant pricing power in the execution of
multiply-listed equity & ETF options order flow. More specifically, in
November 2020, the Exchange had less than 10% market share of executed
volume of multiply-listed equity and ETF options trades.\15\
---------------------------------------------------------------------------

    \14\ See supra note 11.
    \15\ Based on OCC data, supra note 12, the Exchange's market
share in equity-based options was 8.06% for the month of November
2019 and 9.09% for the month of November 2020.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change reflects this
competitive environment because it waives fees for Qualifying Firms and
is designed to reduce monthly costs for Floor participants whose
operations continue to be disrupted even though the Trading Floor has
partially reopened. In reducing this monthly financial burden, the
proposed change would allow affected participants to reallocate funds
to assist with the cost of shifting and maintaining their prior fully-
staffed on-Floor operations to off-Floor.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \16\ of the Act and subparagraph (f)(2) of Rule
19b-4 \17\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \18\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-

NYSEAMER-2020-87 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2020-87. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2020-87 and should be submitted
on or before January 27, 2021.
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-29222 Filed 1-5-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Rules and Regulations]
[Pages 54751-54752]
[FR Doc No: 2013-21578]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0349; Directorate Identifier 2012-SW-058-AD;
Amendment 39-17576; AD 2013-18-03]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Inc.
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bell Helicopter Textron Canada Inc. (BHT) Model 206A, 206B, and 206L
helicopters. This AD requires replacing certain part-numbered engine
auto-relight kit control boxes. This AD was prompted by a design review
that revealed the control box chipset did not meet the required
temperature range requirements, which could cause the control box to
malfunction, disabling the engine auto-relight system. The actions of
this AD are intended to prevent a disabled auto-relight system, failure
of the engine to relight after a flame-out, increased pilot workload
during a power loss emergency, and subsequent loss of control of the
helicopter.

DATES: This AD is effective October 11, 2013.

ADDRESSES: For service information identified in this AD, contact Bell
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (450)
433-0272; or at http://www.bellcustomer.com/files/. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the foreign authority's AD,
the economic evaluation, any comments received, and other information.
The street address for the Docket Operations Office (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations Office,
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On April 22, 2013, at 78 FR 23688, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 to include an AD that would apply to BHT Model 206A and
206B helicopters, all serial numbers (S/N) except S/Ns 1, 2, and 3,
with an engine auto-relight kit control box assembly (control box
assembly) part number (P/N) 206-375-017-101 installed and BHT Model
206L helicopters, S/N 45001 through 45153 and 46601 through 46617, with
a control box assembly P/N 206-375-017-103 installed. The NPRM proposed
to require replacing the control box assembly with a new part-numbered
control box assembly within 4 months. The proposed requirements were
intended to prevent a disabled auto-relight system, failure of the
engine to relight after a flame-out, increased pilot workload during a
power loss emergency, and subsequent loss of control of the helicopter.
    The NPRM was prompted by AD No. CF-2012-19, dated June 12, 2012,
issued by Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada. TCCA issued AD No. CF-2012-19 to correct an
unsafe condition for certain serial-numbered BHT Model 206A, 206B, and
206L helicopters with an engine auto-relight kit control box assembly
(control box assembly) part number 206-375-017-101 or 206-375-017-103
installed. TCCA advises that these control box assemblies have a
manufacturing defect which could disable the auto-relight system in the
event of an engine flameout, subsequently requiring the pilot to re-
start the engine manually. This condition could result in increased
pilot workload during a power loss emergency in-flight and subsequent
loss of control of the helicopter. AD No. CF-2012-19 specifies
replacing the affected control boxes within 4 months to correct the
unsafe condition.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM (78 FR 23688,
April 22, 2013).

FAA's Determination

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
our bilateral agreement with Canada, TCCA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are issuing this AD because we evaluated all information
provided by TCCA and determined the unsafe condition exists and is
likely to exist or develop on other helicopters of these same type
designs and that air safety and the public interest require adopting
the AD requirements as proposed.

Related Service Information

    BHT has issued Alert Service Bulletin (ASB) No. 206-11-127 for
Model 206A and 206B helicopters and ASB No. 206L-11-167 for Model 206L
helicopters, both dated May 2, 2011. Both ASBs specify replacing the
affected control box assembly with an upgraded control box assembly.

Costs of Compliance

    We estimate that this AD will affect 1,357 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. If installed, replacing the control box
assembly would require about 2 work-hours at an average labor rate of
$85 per hour and required parts would cost about $18,974, for a cost
per helicopter of $19,144.

    According to BHT's service information, some of the costs of this
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage by BHT.
Accordingly, we have included all costs in our 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.
    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 helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

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):

2013-18-03 Bell Helicopter Textron Canada Inc (BHT): Amendment 39-
17576; Docket No. FAA-2013-0349; Directorate Identifier 2012-SW-058-
AD.

(a) Applicability

    This AD applies to the following helicopters, certificated in
any category:
    (1) BHT Model 206A and 206B helicopters, all serial numbers (S/
N) except S/Ns 1, 2, and 3, with an engine auto-relight kit control
box assembly (control box assembly) part number (P/N) 206-375-017-
101 installed; and
    (2) BHT Model 206L helicopters, S/N 45001 through 45153 and
46601 through 46617, with a control box assembly P/N 206-375-017-103
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as an inoperative control
box assembly. This condition could result in a disabled auto-relight
system, failure of the engine to relight after a flame-out,
increased pilot workload during a power loss emergency, and
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective October 11, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 4 months, replace the control box assembly:
    (1) For Model 206A and 206B helicopters, replace control box
assembly P/N 206-375-017-101 with a control box assembly P/N 206-
375-017-105.
    (2) For Model 206L helicopters, replace control box assembly P/N
206-375-017-103 with a control box assembly P/N 206-375-017-107.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Rao Edupuganti, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) BHT Alert Service Bulletin (ASB) No. 206-11-127 for Model
206A and 206B helicopters and ASB No. 206L-11-167 for Model 206L
helicopters, both dated May 2, 2011, which are not incorporated by
reference, contain additional information about the subject of this
AD. For service information identified in this AD, contact Bell
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (450)
433-0272; or at http://www.bellcustomer.com/files/. You may review a
copy of the service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
    (2) The subject of this AD is addressed in Transport Canada
Civil Aviation (TCCA) AD CF-2012-19, dated June 12, 2012. You may
view the TCCA AD at http://www.regulations.gov in Docket No. FAA-
2013-0349.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 7410: Ignition
Power Supply.

    Issued in Fort Worth, Texas, on August 21, 2013.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2013-21578 Filed 9-5-13; 8:45 am]
BILLING CODE 4910-13-P