[Federal Register: March 23, 2006 (Volume 71, Number 56)]
[Notices]
[Page 14760-14763]
[DOCID:fr23mr06-83]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53504; File No. SR-NASD-2006-031]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change to Reduce Routing Charges for NASD Members

March 16, 2006.
    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 March 1, 2006, the National Association of Securities Dealers, Inc.
(``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by Nasdaq. Nasdaq has
designated this proposal as one establishing or changing a due, fee, or
other charge imposed by the self-regulatory organization under Section
19(b)(3)(A)(ii) \3\ of the Act and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to reduce its routing fees and eliminate a port fee
waiver currently available to certain INET users. Nasdaq states that it
will implement the proposed rule change immediately. Nasdaq states that
this filing is applicable only to NASD members. Nasdaq states that it
is also submitting a separate filing to establish the same routing
price reductions and port fee waiver elimination for non-NASD members
that use its systems.\5\
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    \5\ See File No. SR-NASD-2006-32 (March 1, 2006).
---------------------------------------------------------------------------

    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in [brackets].\6\
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    \6\ Changes are marked to the rule text that appears in the
electronic NASD Manual found at http://www.nasd.com. Prior to the

date when The Nasdaq Stock Market LLC (``Nasdaq LLC'') commences
operations, Nasdaq LLC will file a conforming change to the rules of
Nasdaq LLC approved in Securities Exchange Act Release No. 53128
(January 13, 2006), 71 FR 3550 (January 23, 2006) (File No. 10-131).
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* * * * *

7010. System Services

    (a) through (h) No change.

(i) Nasdaq Market Center, Brut, and Inet Order Execution and Routing

    (1) The following charges shall apply to the use of the order
execution and routing services of the Nasdaq Market Center, Brut, and
Inet (the ``Nasdaq Facilities'') by members for all Nasdaq-listed
securities subject to the Nasdaq UTP Plan and for Exchange-Traded Funds
that are not listed on Nasdaq. The term ``Exchange-Traded Funds'' shall
mean Portfolio Depository Receipts, Index Fund Shares, and Trust Issued
Receipts as such terms are defined in Rule 4420(i), (j), and (l),
respectively.

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

------------------------------------------------------------------------
                             Order Execution
------------------------------------------------------------------------
Order that accesses the Quote/Order of
 a market participant that does not
 charge an access fee to market
 participants accessing its Quotes/
 Orders through the Nasdaq Facilities:
Charge to member entering order:
Members with an average daily volume     $0.0028 per share executed (or,
 through the Nasdaq Facilities in all     in the case of executions
 securities during the month of (i)       against Quotes/Orders at less
 more than 30 million shares of           than $1.00 per share, 0.1% of
 liquidity provided, and (ii) more than   the total transaction cost).
 50 million shares of liquidity
 accessed and/or routed.
Other members..........................  $0.0030 per share executed (or,
                                          in the case of executions
                                          against Quotes/Orders at less
                                          than $1.00 per share, 0.1% of
                                          the total transaction cost).

Credit to member providing liquidity:
Members with an average daily volume     $0.0025 per share executed (or
 through the Nasdaq Facilities in all     $0, in the case of executions
 securities during the month of more      against Quotes/Orders at less
 than 30 million shares of liquidity      than $1.00 per share).
 provided.
Other members..........................  $0.0020 per share executed (or
                                          $0, in the case of executions
                                          against Quotes/Orders at less
                                          than $1.00 per share).
Order that accesses the Quote/Order of
 a market participant that charges an
 access fee to market participants
 accessing its Quotes/ Orders through
 the Nasdaq Facilities:
Charge to member entering order:
Members with an average daily volume     $0.001 per share executed (but
 through the Nasdaq Facilities in all     no more than $10,000 per
 securities during the month of more      month).
 than 500,000 shares of liquidity
 provided.
Other members..........................  $0.001 per share executed.
------------------------------------------------------------------------
               Order Routing for Nasdaq-Listed Securities
------------------------------------------------------------------------
Any order entered by a member that is    The greater of (i) $0.004 per
 routed outside of the Nasdaq             share executed or (ii) a pass-
 Facilities and that does not attempt     through of all applicable
 to execute in the Nasdaq Facilities      access fees charged by
 prior to routing.                        electronic communications
                                          networks that charge more than
                                          $0.003 per share executed.
Any other order entered by a member
 that is routed outside of the Nasdaq
 Facilities:
Members with an average daily volume     The greater of (i) $0.0028 per
 through the Nasdaq Facilities in all     share executed or (ii) a pass-
 securities during the month of (i)       through of all applicable
 more than 30 million shares of           access fees charged by
 liquidity provided, and (ii) more than   electronic communications
 50 million shares of liquidity           networks that charge more than
 accessed and/or routed.                  $0.003 per share executed.
Other members..........................  The greater of (i) $0.0030 per
                                          share executed or (ii) a pass-
                                          through of all applicable
                                          access fees charged by
                                          electronic communications
                                          networks that charge more than
                                          $0.003 per share executed.
------------------------------------------------------------------------
      Order Routing for Exchange-Traded Funds Not Listed On Nasdaq
------------------------------------------------------------------------
Order routed to the New York Stock       See DOT fee schedule in Rule
 Exchange (``NYSE'') through its DOT      7010(i)(6).
 system.
Any other order entered by a member      $0.004 per share executed.
 that is routed outside of the Nasdaq
 Facilities and that does not attempt
 to execute in the Nasdaq Facilities
 prior to routing.
Order routed to the American Stock       $0.01 per share executed.
 Exchange (``Amex'') after attempting
 to execute in the Nasdaq Facilities.
Order routed through the Intermarket     $0.0007 per share executed.
 Trading System (``ITS'') after
 attempting to execute in the Nasdaq
 Facilities.
Order routed to venues other than the    $0.003[5] per share executed.
 NYSE and Amex after attempting to
 execute in the Nasdaq Facilities.
------------------------------------------------------------------------

    (2) For purposes of assessing Nasdaq Facilities fees and credits
hereunder, (A) a Discretionary Order that executes prior to being
displayed as a Quote/Order will always be deemed to be accessing
liquidity unless it is executed by (or receives delivery of) a
displayed Discretionary Order at a price in the discretionary price
range of the displayed Discretionary Order, and (B) a Discretionary
Order that executes after being displayed as a Quote/Order will always
be deemed to be providing liquidity, unless the displayed Discretionary
Order executes against (or is delivered to) a Quote/Order or Non-
Directed Order that has not been designated ``Immediate or Cancel,'' at
a price in its discretionary price range.
    (3) Closing Cross.

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

------------------------------------------------------------------------
Market-on-Close and Limit-on-Close       $0.0005 per share executed.
 orders executed in the Nasdaq Closing
 Cross.
All other quotes and orders executed in  No charge for execution.
 the Nasdaq Closing Cross.
------------------------------------------------------------------------

    (4) Opening Cross.
    Members shall be assessed the following Nasdaq Market Center
execution fees for quotes and orders executed in the Nasdaq Opening
Cross:

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

------------------------------------------------------------------------
Market-on-Open, Limit-on-Open, Good-     $0.0005 per share executed for
 till-Cancelled, Immediate-or-Cancel,     the net number of buy and sell
 and Day orders executed in the Nasdaq    shares up to a maximum of
 Opening Cross.                           $10,000 per firm per month.
All other quotes and orders executed in  No charge for execution.
 the Nasdaq Opening Cross.
------------------------------------------------------------------------

    (5) Except as provided in paragraph (6), the following charges
shall apply to the use of the order execution and routing services of
the Nasdaq Facilities by members for securities subject to the
Consolidated Quotations Service and Consolidated Tape Association plans
other than Exchange-Traded Funds (``Covered Securities''):

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

------------------------------------------------------------------------
                             Order Execution
------------------------------------------------------------------------
Order that accesses the Quote/Order of
 a Nasdaq Facility market participant:
Charge to member entering order........  $0.0007 per share executed.
Credit to member providing liquidity:
Members with an average daily volume     $0.0005 per share executed.
 through the Nasdaq Facilities in
 Covered Securities during the month of
 more than 5 million shares of
 liquidity accessed, provided, or
 routed.
Other members..........................  No credit.
------------------------------------------------------------------------
                              Order Routing
------------------------------------------------------------------------
Order routed to Amex...................  $0.01 per share executed.
Order routed through the ITS...........  $0.0007 per share executed.
Order routed to NYSE...................  See DOT fee schedule in Rule
                                          7010(i)(6).
Order for NYSE-listed Covered Security
 routed to venue other than the NYSED
 $0.001 [5] per share executed.
Order for Covered Security listed on     $0.003 [5] per share executed.
 venue other than the NYSE and routed
 to venue other than Amex.
------------------------------------------------------------------------

    (6) The following classes shall apply to the use of the Nasdaq
Facilities by members for routing to the NYSE through its DOT system
for all securities, including Exchange-Traded Funds:

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

------------------------------------------------------------------------
Order charged a fee by the NYSE          $0.01 per share executed.
 specialist.
Order that attempts to execute in the    No charge.
 Nasdaq Facilities prior to routing and
 that is not charged a fee by the NYSE
 specialist.
Order that does not attempt to execute
 in the Nasdaq Facilities prior to
 routing and that is not charged a fee
 by the NYSE specialist:
Average daily shares of liquidity
 routed through Nasdaq's DOT linkage by
 the member during the month:
More than 30 million...................  $0.0001 per share executed.
Between 2,000,001 and 30 million.......  $0.0003 per share executed.
Between 250,001 and 2 million..........  $0.0005 per share executed.
Between 100,001 and 250,000............  $0.001 per share executed.
100,000 or less........................  $0.01 per share executed.
------------------------------------------------------------------------

    (7) The fees applicable to non-members using Nasdaq's Brut and Inet
Facilities shall be the fees established for members under Rule
7010(i), as amended by SR-NASD-2005-019, SR-NASD-2005-035, SR-NASD-
2005-048, SR-NASD-2005-071, SR-NASD-2005-125, SR-NASD-2005-137, SR-
NASD-2005-154, SR-NASD-2006-013, and SR-NASD-2006-023, and as applied
to non-members by SR-NASD-2005-020, SR-NASD-2005-038, SR-NASD-2005-049,
SR-NASD-2005-072, SR-NASD-2005-126, SR-NASD-2005-138, SR-NASD-2005-155,
SR-NASD-2006-014, and SR-NASD-2006-024.
    (j) through (v) No Change.

(w) INET System Connectivity

    (1) The following charges shall apply to telecommunication
protocols used to access Nasdaq's INET System:
    Port Fees:

Connectivity to Harborside Financial Center and Secaucus Datacenters

    $400 per month for each port pair, other than Multicast ITCH [reg]
data feed pairs, for which the fee is $1000 per month.
    Internet Ports: An additional $200 per month for each Internet port
that requires additional bandwidth.

Connectivity to Chicago Datacenter

    $800 per month for each port pair.
    [All port fees, not including Internet Bandwidth surcharges, will
be waived for Subscribers that for a calendar month have an average
daily share volume for executed orders exceeding 30 million shares of
added liquidity.]
    INET Terminal Fees:
    Each ID is subject to a minimum commission fee of $50 per month
unless it executes a minimum of 100,000 shares.
    Each ID receiving market data is subject to pass-through fees for
use of these services. Pricing for these services is determined by the
exchanges and/or market center.
    Each ID that is given web access is subject to a $50 monthly fee.
    Portal Fees:
    Each ID is subject to a monthly user fee of $150.
    Each ID receiving market data is subject to pass-through fees for
use of these services. Pricing for these services is determined by the
exchanges and/or market center.
    (2) The INET connectivity fees applicable to non-members shall be
the fees established for members under Rule 7010(w), as established by
SR-NASD-2005-128 and amended by SR-NASD-2005-147 and SR-NASD-2006-013,
and as applied to non-members by SR-NASD-2005-128, SR-NASD-2005-148,
and SR-NASD-2006-014.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    In order to encourage greater use of Nasdaq routing facilities,
Nasdaq is proposing to reduce its routing fees as follows:
    (1) Nasdaq would reduce, from $0.0015 to $0.001, the fee per share
executed for routing orders in New York Stock Exchange (``NYSE'')
listed securities to venues other than the NYSE;
    (2) Nasdaq would reduce, from $0.0035 to $0.003, the fee per share
executed for routing orders in securities listed on a venue other than
the NYSE and routed to venues other than the American Stock Exchange
(``AMEX'');
    (3) Nasdaq would reduce, from $0.0035 to $0.003, the fee per share
executed for routing orders in Non-Nasdaq Exchange Traded Funds
(``ETFs'') to venues other than the NYSE or AMEX.
    Finally, Nasdaq is proposing to eliminate the port fee waiver for
Nasdaq's INET facility subscribers that for a calendar month average
daily execution of orders in the INET system of in excess of 30 million
shares of added liquidity. Nasdaq states that this port fee waiver is
part of INET's legacy pricing structure and is inconsistent with
Nasdaq's integrated pricing structure in which no other system provides
such fee waivers.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 15A of the Act,\7\ in general, and with
Section 15A(b)(5) of the Act,\8\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees, and other charges
among members and issuers and other persons using any facility or
system which the NASD operates or controls. In particular, Nasdaq
states that the proposal will reduce routing costs for market
participants and more closely unify Nasdaq pricing policies across all
of its systems.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78o-3.
    \8\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Nasdaq states that written comments were neither solicited nor
received.

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

    The foregoing rule change is subject to Section 19(b)(3)(A)(ii) of
the Act \9\ and subparagraph (f)(2) of Rule 19b-4 \10\ thereunder
because it establishes or changes a due, fee, or other charge imposed
by the self-regulatory organization. Accordingly, the proposal is
effective upon Commission receipt of the filing. At any time within 60
days of the filing of such proposed rule change, the Commission may
summarily abrogate such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NASD-2006-031 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASD-2006-031. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. 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-NASD-2006-031 and should be submitted on or before April
13, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-4186 Filed 3-22-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Notices]
[Pages 47407-47408]
[FR Doc No: 2018-20302]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0034]

Port Authority Trans-Hudson's Request for Positive Train Control
Safety Plan Approval and System Certification

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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SUMMARY: This document provides the public with notice that Port
Authority Trans-Hudson (PATH) submitted to FRA its Positive Train
Control Safety Plan (PTCSP), Revision 4.0, dated August 21, 2018, on
FRA's Secure Information Repository (SIR) site on August 23, 2018. PATH
asks FRA to approve its PTCSP and issue a Positive Train Control System
Certification for PATH's Communication Based Train Control (CBTC)
system.

DATES: FRA will consider comments received by October 19, 2018 before
taking final action on the PTCSP. FRA may consider comments received
after that date if practicable.

ADDRESSES: All comments concerning this proceeding should identify
Docket Number FRA-2010-0034 and may be submitted by any of the
following methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Mark Hartong, Senior Scientific
Technical Advisor, at<PHONE_NUMBER>, or [email protected], or Ms.
Carolyn Hayward-Williams, Staff Director, Positive Train Control/Signal
& Train Control Division, at<PHONE_NUMBER>, or [email protected].

SUPPLEMENTARY INFORMATION: In its PTCSP, PATH asserts that the CBTC
system it is implementing is designed as a stand-alone PTC system as
defined in Title 49 Code of Federal Regulations (CFR) 236.1015(e)(3).
The PTCSP describes PATH's CBTC system implementation and the
associated CBTC system safety processes; safety

analyses; and test, validation, and verification processes used during
the development of CBTC. The PTCSP also contains PATH's operational and
support requirements and procedures.
    PATH's PTCSP and the accompanying request for approval and system
certification are available for review online at www.regulations.gov
(Docket Number FRA-2010-0034) and in person at DOT's Docket Operations
Facility, 1200 New Jersey Avenue SE, W12-140, Washington, DC 20590. The
Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.
    Interested parties are invited to comment on the PTCSP by
submitting written comments or data. During its review of the PTCSP,
FRA will consider any comments or data submitted. 49 CFR 236.1011(e).
However, FRA may elect not to respond to any particular comment and,
under 49 CFR 236.1009(d)(3), FRA maintains the authority to approve or
disapprove the PTCSP at its sole discretion. FRA does not anticipate
scheduling a public hearing regarding PATH's PTCSP because the
circumstances do not appear to warrant a hearing. If any interested
party desires an opportunity for oral comment, the party should notify
FRA in writing before the end of the comment period and specify the
basis for the request.

Privacy Act Notice

    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 49 CFR 211.3, FRA solicits comments from the public to
better inform its decisions. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacyNotice for the privacy
notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-20302 Filed 9-18-18; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: October 29, 2009 (Volume 74, Number 208)]
[Rules and Regulations]
[Page 55759-55761]
[DOCID:fr29oc09-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0045; Directorate Identifier 2007-NE-53-AD;
Amendment 39-16041; AD 2009-21-04]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Model BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued 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:

    Repair Scheme BRG3086 Issue 1 instructs the repair of the High-
Pressure (HP) Compressor Front Drum Assembly Damping Grooves. This
repair has an impact on the life of the HP Compressor Front Drum
Assembly.

    We are issuing this AD to prevent failure of front HP compressor
rotors, which could result in an uncontained engine failure and damage
to the airplane.

DATES: This AD becomes effective December 3, 2009.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Jason Yang, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    Contact Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11,
Dahlewitz, 15827 Blankenfelde-Mahlow, Germany; telephone 49 (0) 33-
7086-1768; fax 49 (0) 33-7086-3356, or go to: http://www.rolls-
royce.com/deutschland/en/default.htm, for a copy of the service
information referenced in this AD.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on February 12, 2009
(74 FR 7004). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states that:

    Repair Scheme BRG3086 Issue 1 instructs the repair of the HP
Compressor Front Drum Assembly Damping Grooves. This repair has an
impact on the life of the HP Compressor Front Drum Assembly. This
emergency airworthiness directive has been raised to mandate certain
specific CAUTION notes related to specific subtasks of the BR715
Time Limits Manual (TLM) T-715-3BR instructing a reduced life for
certain Serial Numbers (SN) of the HP Compressor Front Drum
Assemblies Part No. BRH20070 after repair BRG3086 Issue 1 has been
applied and Part No. BRR21918 after repair BRG3086 Issue 1 has been
applied. Results for each individual repair case are listed in the
latest revision of Non-Modification Service Bulletin SB-BR700-72-
A900437.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
    Since we issued the proposed AD, we found it necessary to add a
column to Table 1 for affected HP compressor rotor front disc
assemblies operating under the C1-30 derated design engine mission.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD with the change described
previously.

Differences Between This AD and the MCAI or Service Information

    We have found it necessary to differ from the MCAI as follows:
     We don't require operators to amend the Time Limits
Manual.
     We don't allow the operators to show compliance by using
RRD ASB SB-BR700-72-A900437, initial issue, dated February 26, 2007.
Some of the affected parts are not included in the initial issue of the
ASB.
     We have incorporated in this AD, the life reduction Table
for the HPC drum assemblies, by serial number (SN), that are specified
in RRD ASB SB-BR700-72-A900437, Revision 2, dated September 17, 2009.
     HPC drum assembly, P/N BRH20070 is not affected by the AD;
since only certain HPC drums with P/N BRR21918 were affected in

accordance with RRD ASB SB-BR700-72-A900437, Revision 2, dated
September 17, 2009.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 14 engines installed on airplanes of U.S. registry. We
also estimate that it will take about 10 work-hours per engine to
comply with this AD. The average labor rate is $80 per work-hour.
Required parts will cost about $100,000 per engine. Based on these
figures, we estimate the cost of the AD on U.S. operators to be
$1,411,200.

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 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
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 AD:

2009-21-04 Rolls-Royce Deutschland Ltd & Co KG (formerly BMW Rolls-
Royce GmbH and BMW Rolls-Royce Aero Engines): Amendment 39-16041.
Docket No. FAA-2009-0045; Directorate Identifier 2007-NE-53-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
3, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Rolls-Royce Deutschland Ltd & Co KG model
BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 turbofan engines.
These engines are installed on, but not limited to, McDonnell
Douglas 717-200 airplanes.

Reason

    (d) Repair Scheme BRG3086 Issue 1 instructs the repair of the
High-Pressure (HP) Compressor Front Drum Assembly Damping Grooves.
This repair has an impact on the life of the HP Compressor Front
Drum Assembly.
    We are issuing this AD to prevent failure of front HP compressor
rotors, which could result in an uncontained engine failure and
damage to the airplane.

Actions and Compliance

    (e) Remove the following HP Compressor drum assemblies from
operation before reaching the life limit specified in Table 1 of
this AD.

  Table 1--Flight Cycle Life by Part Number, Serial Number, and Mission for Affected HP Compressor Rotor Front
                                                 Disc Assemblies
----------------------------------------------------------------------------------------------------------------
                                                                                C1-30
                                                A1-30       B1-30 and       A1-30     Tropical and      C1-30
   Disc assembly part No.      Serial  No.     design         C1-30       Hawaiian       derated       Derated
                                                             designs                    tropical       design
----------------------------------------------------------------------------------------------------------------
BRR21918....................         1,107         6,600         4,500         4,500         3,800         6,600
BRR21918....................         1,120         6,800         4,700         4,700         4,000         6,800
BRR21918....................         1,122         7,000         4,900         4,900         4,100         7,000
BRR21918....................         1,144         7,300         5,000         5,000         4,200         7,300
BRR21918....................         1,154         6,800         4,700         4,700         4,000         6,800
BRR21918....................         1,163         6,800         4,700         4,700         4,000         6,800
BRR21918....................         1,166         6,500         4,500         4,500         3,800         6,500
BRR21918....................         1,194         6,900         4,800         4,800         4,000         6,900
BRR21918....................         1,217         7,000         4,900         4,900         4,100         7,000
BRR21918....................         1,232         7,200         5,000         5,000         4,200         7,200
BRR21918....................         1,255         7,300         5,100         5,100         4,300         7,300
BRR21918....................         1,259         7,500         5,200         5,200         4,400         7,500
BRR21918....................         1,271         7,300         5,100         5,100         4,300         7,300
BRR21918....................         1,292         7,300         5,100         5,100         4,300         7,300
----------------------------------------------------------------------------------------------------------------

Other FAA AD Provisions

    (f) Alternative Methods of Compliance (AMOCs): The Manager,
Engine Certification Office, FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19.

Related Information

    (g) Refer to MCAI Emergency Airworthiness Directive 2007-0050-E,
dated February 26, 2007, and Rolls-Royce Deutschland Ltd & Co KG
Alert Service Bulletin SB-BR700-72-A900437, Revision 2, dated
September 17, 2009, for related information. Contact Rolls-Royce
Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827
Blankenfelde-Mahlow, Germany; telephone 49 (0) 33-7086-1768; fax 49
(0) 33-7086-3356, or go to: http://www.rolls-royce.com/deutschland/
en/default.htm, for a copy of this service information.
    (h) Contact Jason Yang, Aerospace Engineer, Engine Certification
Office, FAA, Engine and Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; e-mail<EMAIL_ADDRESS>
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for more information
about this AD.

    Issued in Burlington, Massachusetts, on October 1, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-25942 Filed 10-28-09; 8:45 am]

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