[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Notices]
[Pages 86369-86371]
[FR Doc No: 2016-28773]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79383; File No. SR-NYSE-2016-77]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Section 907.00 of the Listed Company Manual

November 23, 2016.
    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 November 10, 2016, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 907.00 of the Listed Company
Manual (the ``Manual'') to clarify how it will treat currently listed
U.S. issuers and non-U.S. companies who qualify to receive Tier One or
Tier Two services as a result of a corporate action completed between
October 1 and December 31 of a particular calendar year. The proposed
rule change is available on the Exchange's Web site 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
    Pursuant to Section 907.00 of the Manual, the Exchange offers a
suite of complimentary products and services to certain companies
currently listed on the Exchange (``Eligible Current Listings''). A
company qualifies to receive such complimentary products and services
based on the number of shares of common stock in the case of U.S.
companies or other equity security in the case of non-U.S. companies
that it has outstanding. Presently, the Exchange determines eligibility
to receive complimentary products and services for a calendar year
based on the number of shares outstanding as of September 30 of the
immediately preceding calendar year. If a company has the requisite
number of shares outstanding on September 30, it will begin (or
continue, as the case may be) to receive the suite of complimentary
products and services for which it is eligible as of the following
January 1.\4\
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    \4\ Eligible Current Listings that have 270 million or more
shares issued and outstanding as of September 30 (each a ``Tier One
Eligible Current Listing'') are presently offered (i) a choice of
market surveillance or market analytics products and services, and
(ii) Web-hosting and Web-casting products and services, on a
complimentary basis. Eligible Current Listings that have between 160
million and 269.9 million shares issued and outstanding as of
September 30 (each a ``Tier Two Eligible Current Listing'') are
presently offered a choice of market analytics or Web-hosting and
Web-casting products and services.
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    For planning and budgeting purposes, it is helpful for both the
Exchange and listed companies to determine a reasonable period in
advance the Tier One and Tier Two Eligible Current Listings that will
receive complimentary products and services the following year.\5\
Therefore, the Exchange has historically looked at a company's shares
outstanding as of September 30 to determine qualification for the
following year. On occasion, there is a company that does not qualify
[sic] Tier One or Tier Two services based on its shares outstanding as
of September 30, but that subsequently completes a corporate action
(such as a share issuance or stock split) between October 1 and
December 31 that would enable it to either (i) qualify for the first
time or (ii) qualify for a higher tier of services if the Exchange made
its eligibility determination as of a later date. Under existing
Exchange rules, the unfortunate outcome for such companies is that they
do not qualify to receive complimentary products and services for, in
some cases, nearly 15 months after they became eligible.
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    \5\ See Securities Exchange Act Release No. 34-68143 (November
2, 2012), 77 FR 67053 (November 8, 2012) (SR-NYSE-2012-44). This
provides qualifying issuers with nearly three months to select from
the available services in their tier for the following calendar year
as well as providing non-qualifying issuers with time to budget and
plan for obtaining the service elsewhere.
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    The Exchange proposes to amend Section 907.00 of the Manual to
clarify that, if a company becomes a Tier One or Tier Two Eligible
Current Listing due to a corporate action completed between October 1
and December 31 of a particular year that results in an increased
number of outstanding shares, such company will receive the suite of
complimentary products and services to which it is entitled by virtue
of that designation as of the immediately following January 1. The
Exchange will continue to conduct its initial eligibility review as of
September 30. This will enable the Exchange to capture the vast
majority of Tier One and Tier Two Eligible Current Listings to assist
both itself and listed companies in their planning and budget process
for the following year. The Exchange will then conduct a secondary
review each year towards the end of December to determine whether any
additional companies have become eligible to receive services or have
become eligible to receive a higher tier or [sic] services.
    The Exchange notes that listed companies are subject to an annual
fee that is billed each January 1 and is calculated based on the number
of shares outstanding on the preceding December 31.\6\ In this regard,
under the Exchange's existing rules, a company that increases its
shares outstanding due to a corporate action completed subsequent to
September 30 would be billed a higher annual fee on the following
January 1 but would not receive any complimentary products and services
for which it may be eligible for an entire year. The Exchange's

current proposal seeks to address this anomaly by ensuring that
companies obtain the benefits of listing normally provided to other
issuers paying comparable annual listing fees.
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    \6\ See Section 902.02 of the Manual.
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    In the event that a U.S. issuer or non-U.S. company that was
eligible for Tier One or Tier Two services as of September 30, then
completes a corporate action between October 1 and December 31 that
reduces its shares outstanding and makes it no longer eligible, the
Exchange proposes that it would not discontinue services as of the
following January 1. Instead, the Exchange proposes that it would re-
evaluate the following September 30 and determine to discontinue as of
the following January 1 if the issuer remained ineligible.\7\ The
Exchange believes it could be unnecessarily harmful to an issuer that
reduces its outstanding shares due to a corporate action in the fourth
quarter to immediately discontinue providing services the following
year. As described above, a significant reason for determining
eligibility on September 30 is to provide ineligible issuers time to
budget and plan to procure services from an alternative vendor. The
Exchange believes that any company that undertakes a corporate action
in the fourth quarter that results in a reduction in its shares
outstanding is likely doing so for reasons other than to reduce its
forthcoming annual listing fee. A company in that situation may have
expected that it would be eligible for Tier One or Tier Two services
based on its September 30 shares outstanding and the Exchange believes
it could disadvantage them to discontinue services so close to the year
end.
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    \7\ However, if a company remained ineligible on September 30,
but regained eligibility between October 1 and December 31, it would
continue to receive the package of services for which it became
eligible.
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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) \9\ of the Act, in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among its members and issuers and other
persons using its facilities. The Exchange also believes that the
proposed rule change is consistent with Section 6(b)(5) \10\ of the Act
in that it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that its proposed rule change is consistent
with Section 6(b)(4) of the Act because it ensures that all companies
that are subject to the same fee structure as of January 1 each year
are also eligible to receive the same benefits of listing. Under
existing rules, the Exchange charges companies an annual fee based on
shares outstanding on December 31, but determines eligibility for
complimentary products and services based on shares outstanding as of
September 30. The proposed rule change will ensure that, for the vast
majority of listed companies, the Exchange takes into account a
company's shares outstanding on December 31 not only for purposes of
charging annual listing fees but also for purposes of determining an
issuer's eligibility to receive complimentary products and services or
receive a higher tier of complimentary products and services.
    The Exchange believes that its proposed rule change is consistent
with Section 6(b)(5) of the Act because it prevents unfair
discrimination between issuers by ensuring that no issuer is deprived
of eligibility for services simply because they became a Tier One or
Tier Two Eligible Current Listing in the last three months of a
calendar year after the Exchange has made its eligibility
determinations for the next calendar year. The Exchange believes that
its proposal to continue offering Tier One or Tier Two services for one
additional year to a company that became ineligible as a result of a
corporate action undertaken in the fourth quarter does not unfairly
discriminate between issuers. The Exchange believes this situation
would occur very rarely and issuers in this situation would continue to
receive services for only one additional year. The Exchange believes
all issuers would benefit from knowing that their services would not be
discontinued on short notice.

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. The proposed change simply
clarifies how the Exchange will treat Tier One and Tier Two Eligible
Current Listings who achieve that designation as a result of a
corporate action completed after September 30, but prior to December 31
in a given year. As described above, except for a very small number of
companies that may continue to receive services for an additional year
despite losing eligibility in the fourth quarter, under the proposed
rule change, all issuers that are similarly situated on January 1 will
receive the same package of complimentary products and services and no
issuer will be treated differently simply because it became a Tier One
or Tier Two Eligible Current Listing in the final three months of the
preceding year. The Exchange believes that its proposal that it
continue to offer services for an additional year to companies that
became ineligible during the fourth quarter does not significantly
impact the public interest or impose any significant burden on
competition. Such proposal simply offers all issuers a measure of
protection against having their services discontinued on short notice.

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

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-NYSE-2016-77 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-NYSE-2016-77. 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 such 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-NYSE-2016-77, and should be
submitted on or before December 21, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-28773 Filed 11-29-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Notices]
[Pages 25500-25501]
[FR Doc No: 2012-10348]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0862]

Standard on Hazardous Waste Operations and Emergency Response
(HAZWOPER); Extension of the Office of Management and Budget's (OMB)
Approval of Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified by the Hazardous Waste
Operations and Emergency Response (HAZWOPER) Standard (29 CFR
1910.120).

DATES: Comments must be submitted (postmarked, sent, or received) by
June 29, 2012.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0862,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2011-0862) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information
is in the desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain
such information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    The HAZWOPER Standard specifies a number of collection of
information (paperwork) requirements. Employers can use the information
collected under the HAZWOPER rule to develop the various programs the
Standard requires and to ensure that their workers are trained properly
about the safety and health hazards associated with hazardous waste
operations and emergency response to hazardous waste releases. OSHA
will use the records developed in response to this Standard to
determine adequate compliance with the Standard's safety and health
provisions. The employer's failure to collect and distribute the
information required in this Standard will affect significantly OSHA's
effort to control and reduce injuries and fatalities. Such failure
would also be contrary to the direction Congress provided in the
Superfund Amendments and Reauthorization Act (SARA).

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    The Agency is requesting an adjustment in the burden hours of 1,381
hours from 1,199,954 to 1,198,573 hours. The adjustment in burden hours
is primarily due to a decrease in the number of sites covered by the
Standard.
    The Agency will summarize the comments submitted in response to
this notice and will include this summary in the request to OMB to
extend the approval of the information collection requirements
contained in the Standard.
    Type of Review: Extension of a currently approved collection.
    Title: Hazardous Waste Operations and Emergency Response (HAZWOPER)
Standard (29 CFR 1910.120).
    OMB Control Number: 1218-0202.

    Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 30,125.
    Total Responses: 1,205,700.
    Frequency: On occasion.
    Average Time per Response: Varies from one minute (.02 hour) to
maintain a certification record to 24 hours for initial employee
training.
    Estimated Total Burden Hours: 1,198,573.
    Estimated Cost (Operation and Maintenance): $3,059,864.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0862). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>). Comments
and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site.
    All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov Web site to submit comments and access
the docket is available at the Web site's ``User Tips'' link. Contact
the OSHA Docket Office for information about materials not available
through the Web site, and for assistance in using the Internet to
locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on April 25, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-10348 Filed 4-27-12; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: August 5, 2009 (Volume 74, Number 149)]
[Proposed Rules]
[Page 38991-38993]
[DOCID:fr05au09-28]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0699; Directorate Identifier 2009-CE-042-AD]
RIN 2120-AA64

Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A. Model
PIAGGIO P-180 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. 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 MCAI describes the unsafe
condition as:

    Some cases of uncommanded steering action were observed, while
the steering system was switched off.
    A leakage in the Steering Select/Bypass Valve, installed in the
Steering Manifold, when closed, is suspected to have caused the
uncommanded steering.
    If left uncorrected, this condition could lead to a potentially
dangerous veer along the runway; in fact, according to the Aircraft
Flight Manual limitations, the steering system must be in `off'
position during landing and takeoff (in this case when airspeed is
higher than 60 knots).

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 21,
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

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-2009-0699;
Directorate Identifier 2009-CE-042-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 because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact 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 AD
2009-0129, dated June 19, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Some cases of uncommanded steering action were observed, while
the steering system was switched off.
    A leakage in the Steering Select/Bypass Valve, installed in the
Steering Manifold, when closed, is suspected to have caused the
uncommanded steering.
    If left uncorrected, this condition could lead to a potentially
dangerous veer along the runway; in fact, according to the Aircraft
Flight Manual limitations, the steering system must be in `off'
position during

landing and takeoff (in this case when airspeed is higher than 60
knots).
    For the reasons stated above, this new AD mandates repetitive
inspections for leakage of the Nose Landing Gear steering manifold.

The MCAI requires, if any inspection finds leakage of the steering
manifold, the replacement of the steering manifold.

Relevant Service Information

    Piaggio Aero Industries S.p.A. has issued:
     Service Bulletin (Mandatory) N. 80-0249, rev. 1, dated May
27, 2009;
     (for S/N 1004 through 1104) Piaggio Aero Piaggio P.180
Avanti Maintenance Manual, Report No. 9066, 32-50-00, revised June 16,
2008; and
     (for S/N 1105 and greater) Piaggio Aero Piaggio P.180
Avanti II Maintenance Manual, Report No. 180-MAN-0200-01105, 32-50-00,
revised December 19, 2008.
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the 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, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Differences between this Proposed 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 a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 63 products of U.S.
registry. We also estimate that it would take about 8 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $40,320, or $640 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 16 work-hours and require parts costing $0, for a cost of
$1,280 per product. We have no way of determining the number of
products that may need these actions.

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 a regulatory 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, Incorporation by
reference, 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:

Piaggio Aero Industries S.p.A.: Docket No. FAA-2009-0699;
Directorate Identifier 2009-CE-042-AD.

Comments Due Date

    (a) We must receive comments by September 21, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model P-180 airplanes, all serial numbers
(S/N), certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Some cases of uncommanded steering action were observed, while
the steering system was switched off.
    A leakage in the Steering Select/Bypass Valve, installed in the
Steering Manifold, when closed, is suspected to have caused the
uncommanded steering.
    If left uncorrected, this condition could lead to a potentially
dangerous veer along the runway; in fact, according to the Aircraft
Flight Manual limitations, the steering system must be in `off'
position during landing and takeoff (in this case when airspeed is
higher than 60 knots).
    For the reasons stated above, this new AD mandates repetitive
inspections for leakage of the Nose Landing Gear steering manifold.

The MCAI requires, if any inspection finds leakage of the steering
manifold, the replacement of the steering manifold.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 6 months after the effective date of this AD
or within the next 100 hours time-in-service (TIS) after the
effective date of this AD, whichever occurs first, and repetitively
thereafter at intervals not to exceed every 165 hours TIS, do a

functional check of the nose landing gear (NLG) steering manifold.
Follow the accomplishment instructions of Piaggio Aero Industries
S.p.A. Service Bulletin (Mandatory) N. 80-0249, rev. 1, dated May
27, 2009.
    (2) Upon installation of a NLG steering manifold on any
airplane, do a functional check of the NLG steering manifold.
Repetitively thereafter at intervals not to exceed every 165 hours
TIS, do a functional check of the NLG steering manifold. Follow the
accomplishment instructions of Piaggio Aero Industries S.p.A.
Service Bulletin (Mandatory) N. 80-0249, rev. 1, dated May 27, 2009.
    (3) If during any inspection required in paragraphs (f)(1) and
(f)(2) of this AD a NLG steering manifold does not pass the
functional tests, using the compliance times in the accomplishment
instructions of Piaggio Aero Industries S.p.A. Service Bulletin
(Mandatory) N. 80-0249, rev. 1, dated May 27, 2009, replace the NLG
steering manifold following (for S/N 1004 through 1104) pages 1
through 8; 201 through 216; and 501 through 506, of Piaggio Aero
Piaggio P.180 Avanti Maintenance Manual, Report No. 9066, 32-50-00,
revised June 16, 2008; or (for S/N 1105 and greater) pages 1 through
8; 201 through 216; and 501 through 506, of Piaggio Aero Piaggio
P.180 Avanti II Maintenance Manual, Report No. 180-MAN-0200-01105,
32-50-00, revised December 19, 2008.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). 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 (44
U.S.C. 3501 et. seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA AD 2009-0129, dated June 19, 2009; and
Piaggio Aero Industries S.p.A. Service Bulletin (Mandatory) N. 80-
0249, rev. 1, dated May 27, 2009, for related information.

    Issued in Kansas City, Missouri, on July 30, 2009.

James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-18685 Filed 8-4-09; 8:45 am]

BILLING CODE 4910-13-P