                                 40 CFR Citation                                    Chemical                                    Commodity 180.106 Diruon Papaya 180.110 Maneb Papaya 180.111 Malathion Papaya; Mango; Passionfruit 180.114 (c) Ferbam Mango 180.127 Piperonyl butoxide Mango, postharvest 180.128 Pyrethrins Mango, postharvest 180.155 1-Naphthaleneacetic acid Mango; Rambutan; Mamey Sapote 180.176 Mancozeb Atemoya; Canistel; Cherimoya; Custard Apple; Mango; Papaya; Sapodilla; Mamey Sapote; White Sapote; Star Apple 180.205 Paraquat Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pawpaw; Pulasan; Rambutan; Black Sapote; Mamey Sapote; White Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.225 Phosphone Mango; Papaya 180.242 Thiabendazole Mango; Papaya, postharvest 180.275 Chlorothalonil Mango; Papaya; Passionfruit; Starfruit 180.298(a) Methidathion Mango 180.298(c)

Longan; Starfruit;  180.304(c) Oryzalin Papaya 180.362 Fenbutatin-oxide Papaya 180.364 Glyphosate Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mamey Apple; Mango; Papaya; Mountain Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; White Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.378(c) Permethrin Papaya 180.381(a) Oxyfluorfen Feijoa 180.381(c)

Papaya 180.414 Cyromazine Mango 180.418(a)(2) Cypermethrin and an isomer zeta-cypermethrin Canistel; Papaya; Sapodilla; Black Sapote;  Mamey Sapote; Star Apple 180.435 Deltamethrin Starfruit 180.443 Myclobutanil Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple 180.466 Fenpropathrin Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.472 Imidacloprid Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; ; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.474 Tebuconazole Mango, Postharvest 180.475 Difenoconazole Mango; Papaya; Wax Jambu 180.476 Triflumizole Canistel; Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple 180.494 Pyridaben Canistel; Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple;  180.495 Spinosad Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; White Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.507 Azoxstrobin Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; White Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.510 Pyriproxyfen Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; White Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.511 Buprofezin Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.515 Carfentrazone Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.516 Fludioxonil Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; ; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.532 Cyprodinil Canistel; Longan; Mango; Papaya; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; Star Apple 180.544 Methoxyfenozide Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; ; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.546 Mefenoxam Atemoya; Canistel; Custard Apple; Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple; Starfruit;  180.555 Trifloxystrobin Canistel; Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple 180.565 Thiamethoxam Canistel; Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple;  180.566 Fenpyroximate Canistel; Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple;  180.572 Bifenazate Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Mamey Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.582 Pyraclostrobin Canistel; Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple 180.589 Boscalid Canistel; Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple 180.593 Etoxazole Canistel; Mango; Papaya; Sapodilla; Black Sapote; Mamey Sapote; Star Apple 180.608 Spirodiclofen Black Sapote; Canistel; Mamey Sapote; Mango; Papaya; Sapodilla; Star Apple 180.628 Chlorantraniliprole Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; White Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.635 Spinetoram Acerola; Atemoya; Biriba; Canistel; Cherimoya; Custard Apple; Feijoa; Ilama; Jaboticaba; Longan; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Black Sapote; Mamey Sapote; White Sapote; Soursop; Star Apple; Starfruit; Wax Jambu 180.641 Spirotetramat Acerola; Black Sapote; Canistel; Feijoa; Jaboticaba; Longan; Mamey Sapote; Mango; Papaya; Passionfruit; Pulasan; Rambutan; Sapodilla; Star Apple; Starfruit; Wax Jambu; White Sapote 180.649 Saflufenacil Mango


[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Rules and Regulations]
[Pages 78702-78705]
[FR Doc No: 2020-26765]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1104; Project Identifier MCAI-2020-01421-P;
Amendment 39-21347; AD 2020-25-05]
RIN 2120-AA64

Airworthiness Directives; Hoffmann GmbH & Co. KG Propellers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Hoffmann GmbH & Co. KG (Hoffmann) model HO-V 72 propellers. This AD was
prompted by reports of cracks at different positions on two affected
propeller hubs. This AD requires amending the existing aircraft flight
manual (AFM) with abnormal propeller vibration instructions. This AD
requires visual inspection and non-destructive test (NDT) inspection of
the propeller hub and, depending on the results of the inspections,
replacement of the propeller hub with a part eligible for installation.
This AD also requires replacement of the propeller hub before exceeding
30 years since the date of manufacture or within 30 days after the
effective date of this AD, whichever occurs later. The FAA is issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective December 22, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 22,
2020.
    The FAA must receive comments on this AD by January 21, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Hoffmann Propeller GmbH & Co. KG, Sales and Service,
K[uuml]pferlingstrasse 9, 83022, Rosenheim, Germany; phone: +49 (0)
exception occurred on : 2020-26765.htm
exception occurred on : 2020-26765.htm
8031 1878 0; fax: +49 (0) 8031 1878 78; email: prop.com">[email protected]prop.com;
website: https://hoffmann-prop.com/. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call (781)
238-7759. It is also available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1104.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1104; 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 street address for the
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Michael Schwetz, Aviation Safety
Engineer, Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2020-0226-E, dated October 16, 2020 (referred to after
this as ``the MCAI''), to address an unsafe condition for the specified
products. The MCAI states:

    Cracks have been reported at different positions on two affected
parts, both installed on Slingsby T67 ``Firefly'' aeroplanes. One
crack was found during scheduled inspection, the other crack during
an unscheduled inspection after abnormal vibrations occurred. Both
cases are under investigation by Hoffmann Propeller.
    This condition, if not detected and corrected, could lead to in-
flight propeller detachment, possibly resulting in damage to the
airplane and/or injury to persons on the ground.
    To address this potential unsafe condition, Hoffmann issued the
SB [service bulletin], providing applicable instructions.
    For the reasons described above, this [EASA] AD requires
inspections of affected parts and, depending on findings,
replacement, and introduces a life limit for affected parts. This
[EASA] AD also requires, for certain aeroplanes, amendment of the
applicable Aircraft Flight Manual (AFM).

    You may obtain further information by examining the MCAI in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-1104.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Hoffmann Propeller GmbH & Co. KG Service Bulletin
SB E53, Rev. B, dated October 14, 2020. This service information
specifies procedures for visual and NDT inspections of the propeller
hub for cracks. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.

AD Requirements

    This AD requires amending the existing AFM with abnormal propeller
vibration instructions. This AD also requires visual inspection and NDT
inspection of the propeller hub and, depending on the results of the
inspections, replacement of the propeller hub with a part eligible for
installation. This AD also requires replacement of the propeller hub
before exceeding 30 years since the date of manufacture or within 30
days after the effective date of this AD, whichever occurs later.

Differences Between the AD and the MCAI

    EASA AD 2020-0226-E, dated October 16, 2020, applies to Hoffmann
HO-V 72 propellers with propeller hub HO-V 72 ( ) ( )-( )-( ) that have
been used or are expected to be used for aerobatic maneuvers. This AD
applies to all Hoffmann model HO-V 72 propellers regardless of their
use.

    EASA AD 2020-0226-E, dated October 16, 2020, defines the life of
the propeller hub as 30 years since the first installation on the
airplane. This AD defines the life of the propeller hub as 30 years
since the date of manufacture because the installation history of the
propeller might be unknown.

Interim Action

    The FAA considers this AD interim action. This unsafe condition is
still under investigation by the manufacturer and, depending on the
results of that investigation, the FAA may consider further rulemaking
action.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule.
During a scheduled inspection, a crack was found by an operator on a
propeller hub. A second crack was found on another propeller hub during
an unscheduled inspection by an operator after abnormal vibrations
occurred in-flight. Hoffmann Propeller immediately issued service
information instructing operators to visually inspect the hub for
cracks before the next flight while the cause of the cracks are under
investigation.
    A crack in the propeller hub can result in the loss of a propeller
blade, resulting in an imbalance in the entire engine which can render
the aircraft uncontrollable. The FAA considers a crack in the propeller
hub an urgent safety issue that requires an immediate action to avoid
potential loss of the airplane. Accordingly, notice and opportunity for
prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days, for the same reasons the FAA
found good cause to forego notice and comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include the docket number FAA-2020-1104 and Project
Identifier MCAI-2020-01421-P at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Michael
Schwetz, Aviation Safety Engineer, Boston ACO Branch, FAA, 1200
District Avenue, Burlington, MA 01803. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 35 propellers installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Amend AFM..........................  1 work-hour x $85 per hour               $0             $85          $2,975
                                      = $85.
Visually inspect propeller hub.....  1 work-hour x $85 per hour                0              85           2,975
                                      = $85.
NDT inspect propeller hub..........  8 work-hours x $85 per hour               0             680          23,800
                                      = $680.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the
inspections. The agency has no way of determining the number of
aircraft that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace propeller hub.........................  5 work-hours x $85 per hour =             $1,600          $2,025
                                                 $425.
----------------------------------------------------------------------------------------------------------------

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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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:

2020-25-05 Hoffmann GmbH & Co. KG: Amendment 39-21347; Docket No.
FAA-2020-1104; Project Identifier MCAI-2020-01421-P.

(a) Effective Date

    This airworthiness directive (AD) is effective December 22,
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Hoffmann GmbH & Co. KG (Hoffmann) model
HO-V 72 propellers.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6114, Propeller Hub
Section.

(e) Unsafe Condition

    This AD was prompted by reports of cracks at different positions
on two affected propeller hubs. The FAA is issuing this AD to
prevent failure of the propeller hub. The unsafe condition, if not
addressed, could result in release of the propeller, damage to the
airplane, and injury to persons on the ground.

(f) Compliance

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

(g) Required Actions

    (1) Before the next flight after the effective date of this AD,
amend the existing aircraft flight manual by inserting the
procedure: ``Abnormal propeller vibrations: As applicable, reduce
engine RPM.''
    (2) Before the next flight after the effective date of this AD,
and thereafter, before the next flight after any flight where
abnormal propeller vibrations have been experienced, visually
inspect propeller hub HO-V 72 ( ) ( )-( )-( ) for cracks using
paragraph 2.1 of Hoffmann Propeller GmbH & Co. KG Service Bulletin
SB E53, Rev. B, dated October 14, 2020 (the SB).
    (3) Within 20 flight hours after the effective date of this AD,
perform a non-destructive test (NDT) inspection of propeller hub HO-
V 72 ( ) ( )-( )-( ) using paragraph 2.3 of the SB.
    (4) If, during any inspection required by paragraph (g)(2) or
(3) of this AD, any crack is detected, replace propeller hub HO-V 72
( ) ( )-( )-( ) with a part eligible for installation.
    (5) During each overhaul of propeller hub HO-V 72 ( ) ( )-( )-(
) after the effective date of this AD, perform an NDT inspection
using paragraph 2.3 of the SB.
    (6) Before exceeding 30 years since the date of manufacture, or
within 30 days after the effective date of this AD, whichever occurs
later, replace propeller hub HO-V 72 ( ) ( )-( )-( ) with a part
eligible for installation.

(h) Definition

    For the purpose of this AD, a ``part eligible for installation''
is a propeller hub HO-V 72 ( ) ( )-( )-( ) with zero hours time
since new or a propeller hub HO-V 72 ( ) ( )-( )-( ) that has
accumulated fewer than 30 years since the date of manufacture and
has passed an NDT inspection using paragraph 2.3 of the SB.

(i) Non-Required Actions

    (1) Sending the propeller to Hoffmann for investigation, as
contained in paragraph 2.1 of the SB, is not required by this AD.
    (2) Reporting propeller hubs with cracks to Hoffmann, as
contained in paragraph 2.3 of the SB, is not required by this AD.

(j) Credit for Previous Actions

    You may take credit for the initial visual inspection and NDT
inspection of the propeller hub required by paragraphs (g)(2), (3),
and (5) of this AD if you performed any of these actions before the
effective date of this AD using Hoffmann Propeller GmbH & Co. KG SB
E53 Rev. A, dated October 9, 2020.

(k) Special Flight Permit

    A special flight permit may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a service facility to
perform the NDT inspection. Special flight permits are prohibited to
perform the visual inspection of the propeller hub.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO 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
manager of the certification office, send it to the attention of the
person identified in Related Information.
    (2) 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.

(m) Related Information

    (1) For more information about this AD, contact Michael Schwetz,
Aviation Safety Engineer, Boston ACO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: (781) 238-
7199; email<EMAIL_ADDRESS>    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2020-0226-E, dated October 16, 2020, for more

information. You may examine the EASA AD in the AD docket at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2020-1104.

(n) 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 the AD specifies otherwise.
    (i) Hoffmann Propeller GmbH & Co. KG (Hoffmann) Service Bulletin
SB E53, Rev. B, dated October 14, 2020.
    (ii) [Reserved]
    (3) For Hoffmann service information identified in this AD,
contact Hoffmann Propeller GmbH & Co. KG, Sales and Service,
K[uuml]pferlingstrasse 9, 83022, Rosenheim, Germany; phone: +49 (0)
exception occurred on : 2020-26765.htm
exception occurred on : 2020-26765.htm
8031 1878 0; fax: +49 (0) 8031 1878 78; email: prop.com">[email protected]prop.com; website: https://hoffmann-prop.com/.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 30, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-26765 Filed 12-4-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Proposed Rules]
[Page 45902-45905]
[DOCID:fr07au08-20]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27268; Directorate Identifier 2007-CE-025-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company (Type
Certificate Previously Held by Columbia Aircraft Manufacturing) Models
LC40-550FG, LC41-550FG, and LC42-550FG Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to revise Airworthiness Directive (AD) 2007-07-

06, which applies to certain Cessna Aircraft Company (type certificate
previously held by Columbia Aircraft Manufacturing) (Cessna) Models
LC40-550FG, LC41-550FG, and LC42-550FG airplanes. AD 2007-07-06
currently requires the following: adding information to the limitations
section of the airplane flight manual (AFM); repetitively inspecting
the aileron and the elevator linear bearings and control rods for
foreign object debris, scarring, or damage; and taking all necessary
corrective actions. Since we issued AD 2007-07-06, Cessna has issued a
new service bulletin that contains procedures for installing an access
panel to facilitate the required inspections. Consequently, this
proposed AD would retain the actions currently required in AD 2007-07-
06; allow installing access panels; and change the serial number
applicability. We are proposing this AD to prevent jamming in the
aileron and elevator control systems, which could result in failure.
This failure could lead to loss of control.

DATES: We must receive comments on this proposed AD by October 6, 2008.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita,
Kansas 67227; phone<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jeff Morfitt, Aerospace Engineer, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA
98057; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2007-27268; Directorate Identifier 2007-CE-025-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.

Discussion

    Reports of foreign material lodged in a linear bearing (part number
LA57272500), which supports a push-pull tube in the aileron control
system, on a Model LC41-550FG airplane caused us to issue AD 2007-07-
06, Amendment 39-15011 (72 FR 15822, April 3, 2007). AD 2007-07-06
currently requires the following on certain Cessna Models LC40-550FG,
LC41-550FG, and LC42-550FG airplanes:
     Adding information to the limitations section of the
airplane flight manual (AFM);
     Repetitively inspecting the aileron and the elevator
linear bearings and control rods for foreign object debris, scarring,
or damage; and
     Taking all necessary corrective actions.
    Since issuing AD 2007-07-06, Cessna has issued a new service
bulletin that contains procedures for installing a linear bearing
access panel to facilitate doing the inspections required in AD 2007-
07-06. The inspections required in AD 2007-07-06 are to be done by
drilling a 3/4-inch diameter hole in the flap cove.
    Cessna has also changed the serial number applicability of the
airplanes affected by AD 2007-07-06. Production methods have changed to
eliminate the possibility of bearing contamination from adhesive during
the assembly process. The bearing design has been changed to reduce the
possibility of jamming, and access panels in the lower wing are now
being installed during production.
    The airplane maintenance manual has also been changed to
incorporate an annual inspection requirement of the aileron linear
bearings into the maintenance program for new production airplanes.
    This condition, if not corrected, could result in jamming of the
aileron and elevator control systems, which could result in loss of
control.

Relevant Service Information

    We have reviewed Cessna Mandatory Service Bulletins SB-07-002D and
SB-07-018, both dated May 29, 2008.
    These service bulletins describe procedures for:
     Adding information to the ``Before Starting Engine''
checklist;
     Inspecting the aileron and the elevator linear bearings
and control rods for foreign object debris, scarring, or damage; and
     Installing a linear bearing access panel.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would revise AD 2007-07-06 with a new AD that would retain the actions
currently required in AD 2007-07-06; allow installing access panels;
and change the serial number applicability. This proposed AD would
require you to use the service information described previously to
perform these actions.

Costs of Compliance

    We estimate that this AD affects 1,495 airplanes in the U.S.
registry.
    We estimate the following costs to do the proposed inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost
                   Labor cost                                 Parts cost               Total cost      on U.S.
                                                                                per airplane    operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $80 per hour = $320..............  Not applicable....................         $320      $478,400
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the optional access panel
installation:

------------------------------------------------------------------------
                                                              Total cost
             Labor cost                    Parts cost            per
                                                               airplane
------------------------------------------------------------------------
14 work-hours x $80 per hour =       Not applicable........       $1,120
 $1,120.
------------------------------------------------------------------------

    Warranty credit for installing the access panel will be given to
the extent noted in Cessna Mandatory Service Bulletins SB-07-018, dated
May 29, 2008.

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 have 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 that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information 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 Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated 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.

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 removing Airworthiness Directive
(AD) 2007-07-06, Amendment 39-15011 (72 FR 15822, April 3, 2007), and
adding the following new AD:

Cessna Aircraft Company (type certificate previously held by
Columbia Aircraft Manufacturing): Docket No. FAA-2007-27268;
Directorate Identifier 2007-CE-025-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by October 6, 2008.

Affected ADs

    (b) This AD revises AD 2007-07-06, Amendment 39-15011.

Applicability

    (c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:

------------------------------------------------------------------------
               Model                             Serial Nos.
------------------------------------------------------------------------
LC40-550FG........................  40001 through 40079.
LC41-550FG........................  41001 through 41800 and 411001
                                     through 411041.
LC42-550FG........................  42001 through 42569 and 421001
                                     through 421006.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD is the result of reports of possible foreign object
contamination of the linear bearings. We are issuing this AD to
prevent jamming in the aileron and elevator control systems, which
could result in failure. This failure could lead to loss of control.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Insert Appendix A of      Before further        The owner/operator
 Columbia Mandatory Service    flight after April    holding at least a
 Bulletin SB-07-002, dated     9, 2007 (the          private pilot
 March 14, 2007, or Appendix   compliance date       certificate as
 A of Cessna Mandatory         retained from AD      authorized by
 Service Bulletin SB-07-       2007-07-06).          section 43.7 of the
 002D, dated May 29, 2008,                           Federal Aviation
 into the limitations                                Regulations (14 CFR
 section of the airplane                             43.7) may do the
 flight manual (AFM).                                AFM insertion
                                                     requirement of this
                                                     AD. Make an entry
                                                     into the aircraft
                                                     logbook showing
                                                     compliance with
                                                     this portion of the
                                                     AD in accordance
                                                     with section 43.9
                                                     of the Federal
                                                     Aviation
                                                     Regulations (14 CFR
                                                     43.9).

(2) Access and inspect the    Initially inspect     Following Columbia
 aileron bearings in both      within the next 35    Mandatory Service
 wings and the elevator        hours time-in-        Bulletin SB-07-002,
 bearings in the fuselage      service (TIS) after   dated March 14,
 for foreign object debris.    April 9, 2007 (the    2007, or Cessna
                               compliance date       Mandatory Service
                               retained from AD      Bulletin SB-07-
                               2007-07-06).          002D, dated May 29,
                               Repetitively          2008, and FAA-
                               inspect thereafter    approved
                               at intervals not to   maintenance
                               exceed 12 calendar    procedures. The
                               months.               appropriate
                                                     maintenance manual
                                                     contains these
                                                     procedures.
(3) Remove any debris found   Before further        Following Columbia
 during any inspection         flight after the      Mandatory Service
 required in paragraph         inspection in which   Bulletin SB-07-002,
 (e)(2) of this AD.            the debris is found.  dated March 14,
                                                     2007, or Cessna
                                                     Mandatory Service
                                                     Bulletin SB-07-
                                                     002D, dated May 29,
                                                     2008, and FAA-
                                                     approved
                                                     maintenance
                                                     procedures. The
                                                     appropriate
                                                     maintenance manual
                                                     contains these
                                                     procedures.
(4) Inspect the aileron and   Initially inspect     Following Columbia
 elevator control rods for     within the next 35    Mandatory Service
 scarring or damage near the   hours TIS after       Bulletin SB-07-002,
 linear bearings.              April 9, 2007 (the    dated March 14,
                               compliance date       2007, or Cessna
                               retained from AD      Mandatory Service
                               2007-07-06).          Bulletin SB-07-
                               Repetitively          002D, dated May 29,
                               inspect thereafter    2008, and FAA-
                               at intervals not to   approved
                               exceed 12 calendar    maintenance
                               months.               procedures. The
                                                     appropriate
                                                     maintenance manual
                                                     contains these
                                                     procedures.
(5) Contact the manufacturer  Make all repairs      Following Columbia
 at the address specified in   before further        Mandatory Service
 paragraph (h)(2) of this AD   flight after the      Bulletin SB-07-002,
 for a repair scheme if any    inspection in which   dated March 14,
 scarring or damage is found   scarring or damage    2007, or Cessna
 during any inspection         is found.             Mandatory Service
 required in paragraph                               Bulletin SB-07-
 (e)(4) of this AD.                                  002D, dated May 29,
                                                     2008, and FAA-
                                                     approved
                                                     maintenance
                                                     procedures. The
                                                     appropriate
                                                     maintenance manual
                                                     contains these
                                                     procedures.
(6) For the inspections       At any time after     Following Cessna
 required in paragraphs        the effective date    Mandatory Service
 (e)(2) and (e)(4) of this     of this AD.           Bulletin SB-07-018,
 AD, you may install a                               dated May 29, 2008.
 linear bearing access panel
 instead of drilling an
 inspection hole. If the
 hole has previously been
 drilled, the access panel
 may also be installed in
 addition to the inspection
 hole.
------------------------------------------------------------------------

    Note 1: Previous compliance with paragraphs (e)(1) through
(e)(5) of this AD using Columbia Mandatory Service Bulletin SB-07-
002A, dated August 29, 2007; Cessna Mandatory Service Bulletin SB-
07-002B, dated December 10, 2007; or Cessna Mandatory Service
Bulletin SB-07-002C, dated February 18, 2008, are acceptable methods
of compliance.

    Note 2: Compliance with Cessna Mandatory Service Bulletin SB-07-
018, dated May 29, 2008, is not considered terminating action for
this AD. This AD takes precedence over Cessna Mandatory Service
Bulletin SB-07-018, dated May 29, 2008.

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Jeff Morfitt, Aerospace Engineer, 1601 Lind Avenue, SW.,
Renton, WA 98057; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. 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.
    (g) AMOCs approved for AD 2007-07-06 are approved for this AD.

Related Information

    (h) To get copies of the service information referenced in this
AD, contact Cessna Aircraft Company, Product Support, P.O. Box 7706,
Wichita, Kansas 67227; phone<PHONE_NUMBER>; fax:<PHONE_NUMBER>. To
view the AD docket, go to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov.

    Issued in Kansas City, Missouri, on August 1, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-18231 Filed 8-6-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Notices]
[Page 42395]
[FR Doc No: 2014-17122]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Release Airport Property From Quitclaim Deed;
Venice Municipal Airport, Venice, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comment.

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

SUMMARY: The FAA hereby provides notice of intent to release
approximately 48 acres of airport property at Venice Municipal Airport,
Venice, FL, from the conditions, reservations, and restrictions as
contained in a Quitclaim Deed agreement between the FAA and the City of
Venice, FL, dated June 10, 1947. The release of property will allow the
City of Venice to dispose of the property for other than aeronautical
purposes. The property is located at 2350 Scenic Drive along the
Intracoastal Waterway Canal. The parcel is currently designated as non-
aeronatutical land use. The property will be released of its federal
obligations for municipal land use. The fair market value of this
parcel has been determined to be $475,000.

DATES: Comments are due on or before August 20, 2014.

ADDRESSES: Documents are available for review at Venice Municipal
Airport, 150 Airport Ave. E, Venice FL 34285; and the FAA Airports
District Office, 5950 Hazeltine National Drive, Suite 400, Orlando, FL
32822. Written comments on the Sponsor's request must be delivered or
mailed to: Marisol C. Elliott, Program Manager, Orlando Airports
District Office, 5950 Hazeltine National Drive, Suite 400, Orlando, FL
32822-5024. Documents reflecting the Sponsor's request are available
for inspection by appointment only at Venice Municipal Airport and by
contacting the FAA at the address listed above.

FOR FURTHER INFORMATION CONTACT: Marisol C. Elliott, Program Manager,
Orlando Airports District Office, 5950 Hazeltine National Drive, Suite
400, Orlando, FL 32822-5024.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

    Issued in Orlando, Florida, on July 15, 2014.
Bart Vernace,
Manager, Orlando Airports District Office, Southern Region.
[FR Doc. 2014-17122 Filed 7-18-14; 8:45 a.m.]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78286-78288]
[FR Doc No: 2010-31457]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63495; File No. SR-Phlx-2010-171]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX LLC Relating
to Collection of Exchange Fees

December 9, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 6, 2010, NASDAQ OMX PHLX LLC (``Phlx'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``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.
---------------------------------------------------------------------------

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

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

    The Exchange, pursuant to Section 19(b)(1) of the Act \3\ and Rule
19b-4

thereunder,\4\ proposes to amend Exchange Rule 3202, Application of
Other Rules of the Exchange, to add Exchange Rule 909, Collection of
Exchange Fees and Other Claims, to the list of Rules which are
applicable to PSX Participants.
---------------------------------------------------------------------------

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

    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
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 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to require PSX
Participants to provide a clearing account number for an account at the
National Securities Clearing Corporation (``NSCC'') for purposes of
permitting the Exchange to debit any undisputed or final fees, fines,
charges and/or other monetary sanctions or other monies due and owing
to the Exchange or other charges related to Rule 924. Currently, the
Exchange requires all members of the Exchange trading options to
provide such an NSCC account number. The Exchange believes that the
proposed debiting process for PSX Participants would create an
efficient method of collecting undisputed or final fees, fines, charges
and/or other monetary sanctions or monies due and owing to the Exchange
from those PSX Participants.\5\ Further, this proposal would provide a
cost savings to the Exchange in that it would alleviate administrative
processes related to the collection of monies owed to the Exchange for
PSX Participants as it does today for members trading options.
Collection matters divert staff resources away from the Exchange's
regulatory and business purposes. In addition, the debiting process
would prevent PSX Participant accounts from becoming overdue.
---------------------------------------------------------------------------

    \5\ The Exchange will not debit accounts for fees that are
unusually large or for special circumstances, unless such debiting
is requested by the member.
---------------------------------------------------------------------------

    The Exchange proposes to require PSX Participants and applicants to
provide a clearing account number for an account at NSCC in order to
permit the Exchange to debit any undisputed or final fees, fines,
charges and/or monetary sanctions or other monies due and owing to the
Exchange or other charges related to Rule 924.\6\ The Exchange would
send a monthly invoice \7\ to each PSX Participant on approximately the
3rd-10th business day of the following month. The Exchange would also
send a file to NSCC each month on approximately the 23rd of the
following month to initiate the debit of the appropriate amount stated
on the PSX Participant's invoice for the prior month. Because the PSX
Participant would receive an invoice well before any monies are debited
(normally within two weeks), the PSX Participant would have adequate
time to contact the staff with any questions concerning their invoice.
---------------------------------------------------------------------------

    \6\ Exchange Rule 924 entitled, Obligations of Members and
Member Organizations to the Exchange, states, among other things,
that members and member organizations shall be liable for such fees,
fines, dues, penalties and other amounts imposed by the Exchange.
    \7\ The monthly invoice will indicate that the amount on the
invoice will be debited from the designated NSCC account. Each
month, the Exchange will send a file to the member's clearing firm
which will indicate the amounts to be debited from each member. If a
member is ``self-clearing'', no such file would be sent as the
member would receive the invoice, as noted above, which would
indicate the amount to be debited.
---------------------------------------------------------------------------

    If a PSX Participant disagrees with the invoice, the Exchange would
not commence the debit until the dispute is resolved. Specifically, the
Exchange will not include the disputed amount in the debit if the
member has disputed the amount in writing to the Exchange's designated
staff by the 15th of the month, or the following business day if the
15th is not a business day, and the amount in dispute is at least
$10,000 or greater. Once NSCC receives the file from the Exchange, NSCC
would proceed to debit the amounts indicated from the clearing members'
account. In the instance where the PSX Participant clears through an
Exchange clearing member, the estimated transactions fees owed to the
Exchange are typically debited by the clearing member on a daily basis
in order to ensure adequate funds have been escrowed. The Exchange
would debit any monies owed including undisputed or final fees,\8\
fines, charges and/or monetary sanctions or monies due and owed to the
Exchange.\9\ The Exchange believes that the debit process would
eliminate the risk of unpaid invoices because of the large amounts of
capital held at NSCC by members.
---------------------------------------------------------------------------

    \8\ Exchange fees are noted on the Exchange Fee Schedule.
    \9\ This includes, among other things, fines which result from:
violation of Rule 60, Order and Decorum; violations of the Minor
Rule Plan pursuant to Rule 970; monetary sanctions imposed by the
Business Conduct Committee relating to a Letter of Caution; and
monetary sanctions imposed by a Hearing Panel in connection with
Disciplinary Violations. With respect to disciplinary sanctions that
are imposed by either the Business Conduct Committee or a Hearing
Panel, the Exchange would not debit any monies until such action is
final. The Exchange would not consider an action final until all
appeal periods have run and/or all appeal timeframes are exhausted.
With respect to non-disciplinary actions, the Exchange would
similarly not take action to debit a member account until all appeal
periods have run and/or all appeal timeframes are exhausted. Any
uncontested disciplinary or non-disciplinary actions will be
debited, and the amount due will appear on the members invoice prior
to the actual NSCC debit.
---------------------------------------------------------------------------

    The Exchange proposes to add Rule 909 to the list of Exchange Rules
which are applicable to PSX Participants. The Exchange proposes this
rule change become operative upon ten (10) days written notice to PSX
Participants, upon the publication of this rule change in the federal
register.\10\
---------------------------------------------------------------------------

    \10\ The Exchange would also notify members by phone and through
Equity Trader Alerts of this proposal prior to the approval of the
proposal to prepare members for this rule change.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ 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, by providing PSX Participants with an efficient process to
pay undisputed or final fees, fines, charges and/or monetary sanctions
or monies dues and owing to the Exchange. The Exchange believes that
this process of debiting NSCC accounts would ease the PSX Participant's
administrative burden in paying monthly invoices, avoid overdue
balances and provide same day collection from all PSX Participants, who
owe monies to the Exchange, which results in equitable treatment.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).

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

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

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

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

    No written comments were 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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Exchange Act \13\ and Rule 19b-
4(f)(6) \14\ thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\15\
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest.\16\ The Exchange has requested that
the Commission waive the 30-day operative delay. The Exchange has
requested that the Commission waive the 30-day operative delay and
designate the proposed rule change to become operative upon ten days
written notice to PSX Participants, upon this proposal's publication in
the Federal Register. \17\ The Exchange proposes to uniformly apply
Exchange Rule 909 to all members of NASDAQ OMX PHLX, options and
equities. The Exchange currently requires members who transact options
to comply with Rule 909 and provide the Exchange with an NSCC number
for the purpose of direct debiting. The Exchange believes that
expanding this Rule to apply to members transacting equities, PSX
Participants, would allow the Exchange to alleviate administrative
processes related to the collection of monies. The Exchange desires to
provide PSX Participants adequate time to transition to direct debit
and therefore requests the Commission waive the 30-day operative delay.
Based on the foregoing, the Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest and hereby designates the proposal operative upon ten
days written notice to PSX Participants, upon this proposal's
publication in the Federal Register.\18\
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    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ Id.
    \17\ The Exchange has stated that it will notify members by
phone and through Equity Trader Alerts to prepare members for this
rule change.
    \18\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission 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 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-171 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2010-171. 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 website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street, NE., Washington,
DC 20549, on official business days between the hours of 10 a.m. and 3
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-Phlx-2010-171 and should be submitted on
or before January 5, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31457 Filed 12-14-10; 8:45 am]
BILLING CODE 8011-01-P