[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69963-69966]
[FR Doc No: 2014-27710]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73629; File No. SR-Phlx-2014-75]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
the Pricing Schedule

November 18, 2014.
    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 November 14, 2014 NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. 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 its Pricing Schedule to conform
certain terminology to Rule 507, Application for Approval as an SQT,
RSQT, RSQTO and Assignment in Options'' as it relates to Remote Market
Makers or ``RMMs.'' The Exchange also proposes to make other clarifying
and corrective amendments to various sections of the Pricing Schedule.
    The text of the proposed rule change is set forth below. Proposed
new language is italicized; deleted text is in brackets.
NASDAQ OMX PHLX LLC \1\ PRICING SCHEDULE
ALL BILLING DISPUTES MUST BE SUBMITTED TO THE EXCHANGE IN WRITING AND
MUST BE ACCOMPANIED BY SUPPORTING DOCUMENTATION. ALL DISPUTES MUST BE
SUBMITTED NO LATER THAN SIXTY (60) DAYS AFTER RECEIPT OF A BILLING
INVOICE, EXCEPT FOR DISPUTES CONCERNING NASDAQ OMX PSX FEES,
PROPRIETARY DATA FEED FEES AND CO-LOCATION SERVICES FEES. AS OF JANUARY
3, 2011, THE EXCHANGE WILL CALCULATE FEES ON A TRADE DATE BASIS.

------------
    \1\ PHLX[supreg] is a registered trademark of The NASDAQ OMX
Group, Inc.
* * * * *
PREFACE
    For purposes of assessing fees, the following references should
serve as guidance.
    The term ``Customer'' applies to any transaction that is identified
by a member or member organization for clearing in the Customer range
at The Options Clearing Corporation (``OCC'') which is not for the
account of a broker or dealer or for the account of a ``Professional''
(as that term is defined in Rule 1000(b)(14)). \2\
    The term ``Specialist'' applies to transactions for the account of
a Specialist \3\ (as defined in Exchange Rule 1020(a)).
    The term ``ROT, SQT and RSQT'' applies to transactions for the
accounts of Registered Option Traders\4\ (``ROTs''), Streaming Quote
Traders (``SQTs''),\5\ and Remote Streaming Quote Traders (``RSQTs'').
\6\ For purposes of the Pricing Schedule, the term ``Market Maker''
will be utilized to describe fees and rebates applicable to ROTs, SQTs
and RSQTs. RSQTs may also be referred to as Remote Market Markers
(``RMMs'').
    The term ``Firm'' applies to any transaction that is identified by
a member or member organization for clearing in the Firm range at OCC.
    The term ``Professional'' applies to transactions for the accounts
of Professionals (as defined in Exchange Rule 1000(b)(14)).
    The term ``Broker-Dealer'' applies to any transaction which is not
subject to any of the other transaction fees applicable within a
particular category.
    The term ``Joint Back Office'' or ``JBO'' \7\ applies to any
transaction that is identified by a member or member organization for
clearing in the Firm range at OCC and is identified with an origin code
as a JBO. A JBO will be priced the same as a Broker-Dealer. [as of
September 1, 2014.]
    The term ``Common Ownership'' shall mean members or member
organizations under 75% common ownership or control.
    For purposes of determining average daily volume or volume-based
pricing hereunder, any day that the market is not open for the entire
trading day will be excluded from such calculation.

    \2\ Rule 1000(b)(14) provides in relevant part: ``The term
``professional'' means any person or entity that (i) is not a broker
or dealer in securities, and (ii) places more than 390 orders in
listed options per day on average during a calendar month for its
own beneficial account(s).
    \3\ A Specialist is an Exchange member who is registered as an
options specialist pursuant to Rule 1020(a). An options Specialist
includes a Remote Specialist which is [a] defined as an options
specialist in one or more classes that does not have a physical
presence on an Exchange floor and is approved by the Exchange
pursuant to Rule 501.
    \4\ A Registered Option Trader is defined in Exchange Rule
1014(b) as a regular member of the Exchange located on the trading
floor who has received permission from the Exchange to trade in
options for his own account. A ROT includes SQTs and RSQTs as well
as on and off-floor ROTS.
    \5\ A Streaming Quote Trader is defined in Exchange Rule
1014(b)(ii)(A) as an ROT who has received permission from the
Exchange to generate and submit option quotations electronically in
options to which such SQT is assigned.
    \6\ A Remote Streaming Quote Trader is defined in Exchange Rule
in 1014(b)(ii)(B) as an ROT that is a member affiliated with an
RSQTO with no physical trading floor presence who has received
permission from the Exchange to generate and submit option
quotations electronically in options to which such RSQT has been
assigned. A Remote Streaming Quote Trader Organization or ``RSQTO,''
which may also be referred to as a Remote Market Making Organization
(``RMO''), is a member organization in good

standing that satisfies the RSQTO readiness requirements in Rule
507(a).
    \7\ A JBO participant is a member, member organization or non-
member organization that maintains a JBO arrangement with a clearing
broker-dealer (``JBO Broker'') subject to the requirements of
Regulation T Section 220.7 of the Federal Reserve System as further
discussed at Exchange Rule 703.
* * * * *

A. Mini Options Fees

    The following fees will apply to Mini Options as specified in Rule
1012, Commentary .13.

[Mini Options symbols are AAPL7, AMZN7, GLD7, GOLG7, SPY7]

----------------------------------------------------------------------------------------------------------------
                                                                  Specialist and
                                     Customer      Professional    market maker    Broker-dealer       Firm
----------------------------------------------------------------------------------------------------------------
Mini Options Transaction Fee--             $0.00           $0.03           $0.02           $0.03           $0.03
 Electronic Adding Liquidity....
Mini Options Transaction Fee--              0.00            0.09            0.04            0.09            0.09
 Electronic Removing Liquidity..
Mini Options Transaction Fee--              0.00            0.09            0.09            0.09            0.09
 Floor and QCC..................
----------------------------------------------------------------------------------------------------------------

    For executions that occur as part of PIXL, the following fees and
rebates will apply:
     Initiating Order: $0.015 per contract
     PIXL Order (Contra-party to the Initiating Order):
Customer is $0.00 and all others will be assessed a transaction fee of
$0.03 per contract.
     PIXL Order (Contra-party to other than the Initiating
Order): Customer will be assessed a transaction fee of $0.00 and all
others will be assessed a transaction fee of $0.03 per contract. The
contra-party will be assessed a transaction fee of $0.03 per contract.
    Payment for Order Flow fees will be as follows:
     Penny Pilot Options: $0.02
     All Other Options: $0.06

    QCC Transaction Fees and rebates defined in Section II do not apply
to Mini Options. Routing Fees set forth in Section V apply to Mini
Options.
    The Monthly Market Maker Cap and the Monthly Firm Fee Cap set forth
in Section II as well as other options transaction fee caps, discounts
or rebates will not apply to transactions in Mini Options.
    Mini Options volume will be included in the calculations for the
Customer Rebate Program eligibility but will not be eligible to receive
the rebates associated with the Customer Rebate Program.

B. Customer Rebate Program

    The Customer Rebate Tiers described below will be calculated by
totaling Customer volume in Multiply Listed Options (including SPY)
that are electronically-delivered and executed, except volume
associated with electronic QCC Orders, as defined in Exchange Rule
1080(o). Rebates will be paid on Customer Rebate Tiers according to the
below categories. Members and member organizations under Common
Ownership may aggregate their Customer volume for purposes of
calculating the Customer Rebate Tiers and receiving rebates.

------------------------------------------------------------------------
                           Percentage        Category        Category
                          thresholds of  -------------------------------
                            national
                         customer volume
                          in multiply-
 Customer rebate tiers    listed equity
                        and ETF  options         A               B
                            classes,
                          excluding SPY
                             options
                            (monthly)
------------------------------------------------------------------------
Tier 1................  0.00%-0.60%.....           $0.00           $0.00
Tier 2................  Above 0.60%-               *0.10           *0.17
                         1.10%.
Tier 3................  Above 1.10%-               *0.12           *0.17
                         1.60%.
Tier 4................  Above 1.60%-                0.16            0.19
                         2.50%.
Tier 5................  Above 2.50%.....            0.17            0.19
------------------------------------------------------------------------
Category A: Rebate will be paid to members executing electronically-
  delivered Customer Simple Orders in Penny Pilot Options and Customer
  Simple Orders in Non-Penny Pilot Options in Section II symbols. Rebate
  will be paid on Customer PIXL Orders in Section II symbols that
  execute against non-Initiating Order interest. In the instance where
  member organizations qualify for Tier 4 or higher in the Customer
  Rebate Program, Customer PIXL Orders that execute against a PIXL
  Initiating Order will be paid a rebate of $0.14 per contract.
Category B: Rebate will be paid to members executing electronically-
  delivered Customer Complex Orders in Penny Pilot Options and Non-Penny
  Pilot Options in Section II symbols. Rebate will be paid on Customer
  PIXL Complex Orders in Section II symbols that execute against non-
  Initiating Order interest. In the instance where member organizations
  qualify for Tier 4 or higher in the Customer Rebate Program, Customer
  Complex PIXL Orders that execute against a Complex PIXL Initiating
  Order will be paid a rebate of $0.17 per contract. The Category B
  Rebate will not be paid when an electronically-delivered Customer
  Complex Order, including Customer Complex PIXL Order, executes against
  another electronically-delivered Customer Complex Order.
* The Exchange will pay a $0.02 per contract rebate in addition to the
  applicable Tier 2 and 3 rebate to a Specialist or Market Maker or its
  member or member organization affiliate under Common Ownership
  provided the Specialist or Market Maker has reached the Monthly Market
  Maker Cap, as defined in Section II.

* * * * *
VI. MEMBERSHIP FEES
* * * * *

                B. Streaming Quote Trader (``SQT'') Fees
------------------------------------------------------------------------
    Number of Option Class
       Assignments \22\                         SQT Fees
------------------------------------------------------------------------
Tier 1: Up to 200 classes....  $0.00 per calendar month.
Tier 2: Up to 400 classes....  $2,200 per calendar month.
Tier 3: Up to 600 classes....  $3200.00 per calendar month.
Tier 4: Up to 800 classes....  $4200.00 per calendar month.
Tier 5: Up to 1000 classes...  $5200.00 per calendar month.

Tier 6: Up to 1200 classes...  $6200.00 per calendar month.
Tier 7: All equity issues....  $7,200 per calendar month.
------------------------------------------------------------------------
\22\ In calculating the number of option class assignments, equity
  options including ETFs and ETNs will be counted. Currencies and
  indexes will not be counted in the number of option class assignments.

 C. [Remote Streaming Quote Trader Organization (``RSQTO'') Fee] Remote
                   Market Maker Organization (RMO) Fee
------------------------------------------------------------------------
    Number of Option Class
       Assignments \23\                      [RSQTO]RMO Fee
------------------------------------------------------------------------
Tier 1: less than 100 classes  $5,000 per month.
Tier 2: More than 100 classes  8,000 per month.
 and less than 999 classes.
Tier 3: 1000 or more classes.  11,000 per month.
Remote Specialist Fee \24\...  200 per option allocation per month.
------------------------------------------------------------------------
\23\ In calculating the number of option class assignments, equity
  options including ETFs and ETNs will be counted. Currencies and
  indexes will not be counted in the number of option class assignments.
\24\ The Remote Specialist Fee will be capped at $4,500 per month.

* * * * *

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

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

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

1. Purpose
    The Exchange is proposing to amend various sections of the Pricing
Schedule, which applies to options, to add rule text to clarify the
Pricing Schedule. Each change will be discussed in more detail below.
Preface--Joint Back Office (``JBO'')
    The Exchange notes in the Preface to the Pricing Schedule that a
JBO will be priced the same as a Broker-Dealer. [sic] as of September
1, 2014. The Exchange believes that the date is no longer necessary and
proposes to remove this reference.
Preface--RMM Amendment
    The Exchange proposes to add a sentence to the term ``ROT, SQT and
RSQT'' to state that ``RSQTs may also be referred to as Remote Market
Makers (``RMMs'').'' The Exchange already includes this statement in
note 6 of the Preface. The Exchange proposes to add this in the
definition of the term for ease of reference.
Chapter VI--RMO Amendment
    The Exchange also proposes to utilize this term to describe the
fees at Chapter VI, Membership Fees, Section C, currently titled
``Remote Streaming Quote Trader Organization Fee.'' The Exchange
believes that titling this fee as ``Remote Market Maker Organization
(RMO) Fee'' more specifically defines the fee. The Exchange also
proposes to add the term ``RMO'' in place of ``RSQTO'' throughout
Section C fee table for consistency.
Chapter VI--Adding Tier Numbers
    The Exchange proposes to amend Chapter VI, Section B, Streaming
Quote Trader (``SQT'') Fees and Section C to assign tier numbers before
each tier in each of those fees for ease of reference in referring to
the fees.
    The Exchange believes that each of the aforementioned amendments
will make the Pricing Schedule easier to understand and reference.
Section A--Mini Options Symbols
    The Exchange is also proposing to delete the Mini Options symbols
listed in Section A, Mini Options Fees and instead note that the
pricing applies to all Mini Options as specified in Rule 1012,
Commentary .13. The Exchange believes this will assist the Exchange in
maintaining a current, accurate Pricing Schedule.
Section B--Customer Rebate Program
    The Exchange is proposing to clarify rule text in Section B,
Customer Rebate Program, related to Category B rebates. Currently the
Category B rebate is paid to members executing electronically-delivered
Customer Complex Orders in Penny Pilot Options and Non-Penny Pilot
Options in Section II symbols. The rebate will be paid on Customer PIXL
Complex Orders in Section II symbols that execute against non-
Initiating Order interest. In the instance where member organizations
qualify for Tier 4 or higher in the Customer Rebate Program, Customer
Complex PIXL Orders that execute against a Complex PIXL Initiating
Order will be paid a rebate of $0.17 per contract. The Category B
Rebate will not be paid when an electronically-delivered Customer
Complex Order executes against another electronically-delivered
Customer Complex Order. The Exchange proposes to amend the last
sentence to state, ``The Category B Rebate will not be paid when an
electronically-delivered Customer Complex Order, including Customer
Complex PIXL Order, executes against another electronically-delivered
Customer Complex Order.'' The Exchange believes that this sentence
helps further clarify the manner in which the Category B rebate is
applied today.
    The Exchange is also making other clarifying amendments in the
definitions to correct typographical errors.
 2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \3\ in general, and furthers the objectives of Section
6(b)(5) of the Act \4\

in particular, in that it is designed to promote just and equitable
principles of trade, 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, in that the amendments
will provide greater clarity to the Pricing Schedule.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that removing the historical reference date
to the JBO definition in the Preface will provide greater clarity to
the Pricing Schedule.
    The Exchange believes that the amendments provide greater
specificity and conforms word usage with the Rulebook with respect to
the usage of the terms RMM and RMO. Also, by adding tier numbers, it
will be easier to reference the various streaming fees.
    The Exchange believes that generally referring to Mini Options as
specified in the Rulebook will assist the Exchange in maintaining a
current list of Mini Options which are subject to Section A pricing.
The NASDAQ Options Market LLC pricing for Mini Options does not
specifically reference the Mini Options symbols.\5\
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    \5\ See Chapter XV, Section 2(4).
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    The Exchange believes that further clarifying the manner in which a
Category B Customer Rebate is paid by stating that a Customer Complex
PIXL Order is excluded in the same manner as other Customer Complex
Orders adds further clarity to the rule text. The Exchange excludes
Customer Complex PIXL Orders today from the Category B rebate. The
Exchange will not change the manner in which the Exchange pays a rebate
as a result of this filing. Customer Complex PIXL Orders will continue
to be excluded.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange is merely seeking
to add greater clarity to the Pricing Schedule by conforming the RMM
and RMO language to the current usage in Rule 507 of the Rulebook. The
Exchange also believes that the addition of tiers provides greater
clarity and transparency to the Pricing Schedule which benefits all
market participants. Generally citing to all Mini Options provides
greater accuracy to the Pricing Schedule. Specifically stating that
Customer Complex PIXL Orders are excluded in a manner similar to
Customer Complex Orders adds more specificity to the manner in which
the Exchange pays the Category B Customer Rebate. Finally, correcting
typographical errors and removing historical dates avoid confusion.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \6\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \7\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2014-75 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2014-75. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 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; 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-Phlx-2014-75 and should be
submitted on or before December 15, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-27710 Filed 11-21-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 23, 2008 (Volume 73, Number 15)]
[Proposed Rules]
[Page 3891-3893]
[DOCID:fr23ja08-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0041; Directorate Identifier 2007-SW-16-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Model AS 355 N
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
Eurocopter France (Eurocopter) Model AS 355 N helicopters. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
European Aviation Safety Agency (EASA), the technical Agent for France,
with which we have a bilateral agreement states in the MCAI:

    This Airworthiness Directive (AD) is issued because it was found
that the power drawn by the starter generators from the engines is
above the consumption capacity at altitudes above 3,000 meters,
declared for the engines of AS 355 N helicopters.
    Excessive power consumption of the starter generators reduces
the engine surge margin, which can result in engine failure.

    After engine start, the starter generator functions as the normal
operational electrical generator.
    The proposed AD would require actions that are intended to address
this unsafe condition.

DATES: We must receive comments on this proposed AD by February 22,
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: 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.

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

Facility between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this proposed AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

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:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service
information that we considered in forming the engineering basis to
correct the unsafe condition. The proposed AD contains text copied from
the MCAI and for this reason might not follow our plain language
principles.

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0041;
Directorate Identifier 2007-SW-16-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued an
MCAI in the form of EASA Airworthiness Directive 2006-0338, dated
November 7, 2006 (referred to after this as ``the MCAI''), to correct
an unsafe condition for these French-certificated products. The MCAI
states:

    This Airworthiness Directive (AD) is issued because it was found
that the power drawn by the starter generators from the engines is
above the consumption capacity at altitudes above 3,000 meters,
declared for the engines of AS 355 N helicopters.
    Excessive power consumption of the starter generators reduces
the engine surge margin, which can result in engine failure.

    The starter-generator is a single unit that operates as both an
engine starter generator and after starting, as an operational
generator. The EASA AD and the Eurocopter service bulletin refer to
this unit as a starter generator when used as a generator. The starter
generator requires energy from the engine to generate electricity. When
the electrical current exceeds 100 amps, the load on the engine reduces
the engine surge margin and may cause the engine to surge and flame
out.
    Therefore, at altitudes above 10,000 feet, the maximum continuous
current

supplied by each starter generator must be limited to 100 amps to
prevent engine surging.
    You may obtain further information by examining the MCAI and
service information in the AD docket.

Relevant Service Information

    Eurocopter has issued Alert Service Bulletin No. 01.00.52, Revision
1, dated September 14, 2006. The actions described in the MCAI are
intended to correct the same unsafe condition as that identified in the
service information.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information. We are proposing this AD because we evaluated all
pertinent information and determined an unsafe condition exists and is
likely to exist or develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in the ``Differences Between the FAA AD and the MCAI''
section in the proposed AD.

Costs of Compliance

    We estimate that this proposed AD would affect about 17 helicopters
of U.S. registry. We also estimate that it would take about 15 minutes
to install the placard in each helicopter. The average labor rate is
$80 per work-hour. The manufacturer states in its service bulletin that
the ``labels will be delivered free of charge on the Operator's
order.'' Because the manufacturer has indicated it will provide the
placard free of charge, we have assumed there will be no charge for
these placards. However, because we do not control warranty coverage
for affected parties, some parties may incur costs higher than
estimated here. Based on these figures, we estimate the cost of the
proposed AD on U.S. operators to be $340 or $20 per helicopter.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Eurocopter France: Docket No. FAA-2008-0041; Directorate Identifier
2007-SW-16-AD.

Comments Due Date

    (a) We must receive comments by February 22, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AS 355 N helicopters, certificated
in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI)
states:

    This Airworthiness Directive (AD) is issued because it was found
that the power drawn by the starter generators from the engines is
above the consumption capacity at altitudes above 3,000 meters,
declared for the engines of AS 355 N helicopters.
    Excessive power consumption of the starter generators reduces
the engine surge margin, which can result in engine failure.

    The starter-generator is a single unit that is operated both as
an engine starter generator and after starting, as an operational
generator. The EASA AD and the Eurocopter service bulletin refer to
this unit as a starter generator. The starter generator requires
energy from the engine to generate electricity. When the electrical
current exceeds 100 amps, the load on the engine reduces the engine
surge margin and may cause the engine to surge and flame out.
    Therefore, at altitudes above 10,000 feet, the maximum
continuous current supplied by each starter generator must be
limited to 100 amps to prevent engine surging.

Actions and Compliance

    (e) Within 100 hours time-in-service or within 12 months,
whichever occurs first, unless already done, do the following
actions:
    (1) Install a limitation placard (indicating the new load
limitation for the starter generator) on the overhead instrument
panel, immediately below the ammeter.
    (2) The placard must state the following: Maximum continuous
load per generator 100A IF Hp>10000 ft.

Differences Between the FAA AD and the MCAI

    (f) None.

Subject

    (g) Air Transport Association of America (ATA) Code 2435--
Electrical Power Starter Generator, 80--Starting.

Other Information

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Ed Cuevas, Aviation Safety Engineer, Fort
Worth, Texas 76193-0111, telephone<PHONE_NUMBER>, fax (817) 222-
5961.
    (2) Airworthy Product: Use only FAA-approved corrective actions.
Corrective actions are considered FAA-approved if they are approved
by the State of Design Authority (or their delegated agent) if the
State of Design has an appropriate bilateral agreement with the
United States. You are required to assure the product is airworthy
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) MCAI EASA Airworthiness Directive No. 2006-0338, dated
November 7, 2006, and Eurocopter Alert Service Bulletin, Revision 1,
No. 01.00.52, dated September 14, 2006, contain related information.

    Issued in Fort Worth, Texas, on December 27, 2007.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-1027 Filed 1-22-08; 8:45 am]

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[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64949-64952]
[FR Doc No: 2020-22628]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0336; Product Identifier 2020-NM-032-AD; Amendment
39-21280; AD 2020-21-07]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS 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
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
a report that sticking effects have been observed affecting the
breathing bag on certain passenger oxygen masks. This AD requires
replacement of affected passenger oxygen masks, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective November 18, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 18,
2020.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
phone: +49 221 8999 000; email<EMAIL_ADDRESS>internet:
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0336; 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, 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: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3218; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0031, dated February 18, 2020
(``EASA AD 2020-0031'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A350-941 and -1041 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on April 27, 2020 (85 FR 23257). The NPRM was prompted by a
report that sticking effects have been observed affecting the breathing
bag on certain passenger oxygen masks. The NPRM proposed to require
replacement of affected passenger oxygen masks, as specified in an EASA
AD.
    The FAA is issuing this AD to address sticking of the breathing bag
on certain passenger oxygen masks, which could prevent the breathing
bag from fully inflating, and possibly injure cabin occupants following
a depressurization event. See the MCAI for additional background
information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Allow Records Review or Visual Inspection

    Delta Air Lines, Inc. (DAL) requested that the FAA include a
provision in the NPRM to allow a records review or visual inspection in
lieu of a detailed inspection of the affected parts. DAL pointed out
that the Airbus service information associated with EASA AD 2020-0031
specifies doing a detailed inspection of the affected parts for the
affected serial numbers. DAL mentioned that previous Airbus service
information for similar unsafe conditions have allowed alternative
means to determine whether parts were affected by the unsafe condition.
    The FAA agrees that clarification is necessary. The FAA has
determined that a review of airplane maintenance records or visual
inspection is acceptable in lieu of a detailed inspection if the part
number, amendment number, and serial number of the passenger oxygen
mask can be conclusively determined from that review. EASA AD 2020-
0031, does not specify any inspection, but instead specifies
replacement of affected parts with affected serial numbers. Because
EASA AD 2020-0031 does not specify doing an inspection, it is not
necessary to specify alternative inspection methods in this AD.
However, to be clear, paragraph (h) of this AD has been revised to
include an exception to EASA AD 2020-0031, stating that this AD only
requires the replacement and does not require the inspection for the
part number and serial number.

Request for Exception To Limit Service Information

    DAL requested that the FAA add an exception in paragraph (h) of the
proposed AD to specify doing the assembly/installation and re-
identification of parts using paragraphs 3.C. and 3.D. of the
Accomplishment Instructions of the B/E Aerospace Systems service
information where paragraph (1) of EASA AD 2020-0031 specifies doing
the actions ``. . . in accordance with the instructions of the SB.''
DAL pointed out that the Airbus service information specified by EASA
AD 2020-0031 refers to B/E Aerospace Systems service information, which
specifies non-explicit instructions for removal/disassembly and appears
to conflict with the Airbus service information that specifies
``modification.'' DAL expressed its opinion that the modification
specified in the Airbus service information should actually be the
replacement of the E75000-00 series mask assemblies in affected
container assemblies with re-identification of the container
assemblies.
    The FAA disagrees with the commenter's request. The FAA has
considered the potential for conflicts introduced from other referenced
service information. However, this AD requires using EASA AD 2020-0031
as the appropriate source of service information, which overrides any
conflicting information specified in other referenced service
information. Further, while the terminology in the Airbus service
information differs from that in the B/E Aerospace Systems service
information, it is clear that the Airbus service information specifies
accomplishing the B/E Aerospace Systems service information, so
restating that information in this AD is unnecessary. This AD has not
been revised in this regard.

Request To Add an Exception To Clarify That Checking for Date of
Manufacture Is Not Required

    DAL requested that the FAA add an exception in paragraph (h) of the
proposed AD to clarify that checking for the date of manufacture is not
required. DAL mentioned that the Accomplishment Instructions of the B/E
Aerospace Systems service information include an additional inspection
for the date of manufacture of the affected part that neither EASA AD
2020-0031 nor the Airbus service information specify. DAL expressed
concern that inspection for the date of manufacture was not considered
as part of the NPRM. Delta contended that the date of manufacture
inspection specified in the Accomplishment Instructions of the B/E
Aerospace Systems service information is not required by EASA AD 2020-
0031.
    The FAA infers that the commenter requests an exception in the
proposed AD to specify that the date of manufacture inspection
specified in the Accomplishment Instructions of the B/E Aerospace
Systems service information is not required. The FAA agrees for the
reasons provided and has added an exception in paragraph (h)(4) of this
AD to specify that the date of manufacture inspection specified in the
Accomplishment Instructions of the B/E Aerospace Systems service
information is not required.

Conclusion

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

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0031 describes procedures for replacement of affected
passenger oxygen masks. This material is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 13 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
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................            $0 *             $510           $6,630
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the FAA to provide cost estimates of the parts cost
  for the replacement specified in this AD.

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed 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):

2020-21-07 Airbus SAS: Amendment 39-21280; Docket No. FAA-2020-0336;
Product Identifier 2020-NM-032-AD.

(a) Effective Date

    This AD is effective November 18, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by a report that sticking effects have been
observed affecting the breathing bag on certain passenger oxygen
masks. The FAA is issuing this AD to address sticking of the
breathing bag on certain passenger oxygen masks, which could prevent
the breathing bag from fully inflating, and possibly injure cabin
occupants following a depressurization event.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0031, dated February 18, 2020 (``EASA AD 2020-0031'').

(h) Exceptions to EASA AD 2020-0031

    (1) Where EASA AD 2020-0031 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0031 does not apply
to this AD.
    (3) Where EASA AD 2020-0031 specifies to do the replacement
specified in Airbus Service Bulletin A350-35-P013, Revision 00,
dated July 2, 2019, which specifies to inspect for the part number
and serial number and then do a replacement; this AD only requires
the replacement.
    (4) Where paragraphs 3.B. and 3.C. of the Accomplishment
Instructions of B/E Aerospace Systems Service Bulletin E75000-35-
001, Revision 00, dated November 25, 2016, state to do an inspection
for the date of manufacture of the affected part, this AD does not
require that inspection.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with

14 CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the Large Aircraft Section, International
Validation Branch, send it to the attention of the person identified
in paragraph (j) 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 instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0031 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

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

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0031,
dated February 18, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0031, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
<EMAIL_ADDRESS>internet: www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0336.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-22628 Filed 10-13-20; 8:45 am]
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