[Federal Register: July 20, 2010 (Volume 75, Number 138)]
[Proposed Rules]
[Page 42012-42014]
[DOCID:fr20jy10-19]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0616; Airspace Docket No. 10-ANM-6]

Proposed Amendment of Class E Airspace; Pendleton, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace at Pendleton,
OR. Decommissioning of the Foris Non-Directional Radio Beacon (NDB) at
Eastern Oregon Regional Airport at Pendleton has made this action
necessary for the safety and management of Instrument Flight Rules
(IFR) operations at the airport. This action also would reflect the new
name of the airport.

DATES: Comments must be received on or before September 3, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2010-
0616; Airspace Docket No. 10-ANM-6, at the beginning of your comments.
You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2010-0616 and Airspace Docket No. 10-ANM-6) and be submitted in
triplicate

to the Docket Management System (see ADDRESSES section for address and
phone number). You may also submit comments through the Internet at
http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2010-0616 and Airspace Docket No. 10-ANM-6''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet and 1,200 feet above the surface at Eastern Oregon
Regional Airport at Pendleton, Pendleton, OR. The airspace would be
reconfigured due to the decommissioning of the Foris NDB, and
cancellation of the NDB approach. This action would enhance the safety
and management of IFR operations at the airport. This also would
reflect a change in the airport name, from Pendleton Municipal Airport
to Eastern Oregon Regional Airport at Pendleton.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9T, signed August 27, 2009, and effective September 15,
2009, which is incorporated by reference in 14 CFR Part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at Eastern Oregon Regional
Airport at Pendleton, Pendleton, OR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR Part 71.1 of the FAA
Order 7400.9T, Airspace Designations and Reporting Points, signed
August 27, 2009, and effective September 15, 2009 is amended as
follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM OR E5 Pendleton, OR [Modified]

Eastern Oregon Regional Airport at Pendleton, OR
    (Lat. 45[deg]41'42'' N., long. 118[deg]50'29'' W.)
Pendleton VORTAC
    (Lat. 45[deg]41'54'' N., long. 118[deg]56'19'' W.)
Hermiston, Hermiston Municipal Airport
    (Lat. 45[deg]49'42'' N., long. 119[deg]15'33'' W.)

    That airspace extending upward from 700 feet above the surface
within a 10.5-mile radius of lat. 45[deg]41'30'' N., long.
118[deg]47'24'' W., and within 4 miles each side of the Pendleton
VORTAC 254[deg] radial extending from the 10.5-mile radius to 10.9
miles west of the VORTAC, and within 8.3 miles north and 4.3 miles
south of the Pendleton 090[deg] bearing from the Eastern Oregon
Regional Airport at Pendleton extending from the 10.5-mile radius to
20.7 miles east of the Eastern Oregon Regional Airport at Pendleton,
and within a 4.3-mile radius of the Hermiston Municipal Airport, and
within 2.2 miles each side of the Pendleton VORTAC 300[deg] radial
extending from the 4.3-mile radius to the Pendleton VORTAC; that
airspace extending upward from 1,200 feet above the surface within
9.6 miles northeast and 6.1 miles southwest of the Pendleton VORTAC
137[deg] radial extending from the 10.5-mile radius to 43.5 miles
southeast of the VORTAC, and within 8.7 miles south and 6.1 miles
north of the Pendleton 254[deg] radial extending from the 10.5-mile
radius to 28.8 miles west of the VORTAC, and within 8.3 miles north
and 4.3 miles south of the Pendleton 273[deg] radial extending from
the 10.5-mile radius to 16.1 miles west of the VORTAC, and within
5.3 miles southwest and 7.9 miles northeast of the Pendleton
310[deg] radial extending from the 10.5-mile radius to 26.1 miles
northwest of the VORTAC, and within 4.3 miles northwest of the
025[deg] radial and 4.3 miles southeast of the 049[deg] radial
extending from the 10.5-mile radius to the 30.5-mile radius of the

Pendleton VORTAC, and that airspace within the 27.9-mile radius of
the Pendleton VORTAC extending clockwise from the southeast edge of
V-536 to the northeast edge of V-298.

    Issued in Seattle, Washington, on July 1, 2010.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-17624 Filed 7-19-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 4, 2005 (Volume 70, Number 191)]
[Notices]
[Page 57907-57908]
[DOCID:fr04oc05-107]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 1-10219]

Issuer Delisting; Notice of Application of Vulcan International
Corporation To Withdraw Its Common Stock, No Par Value, From Listing
and Registration on the American Stock Exchange LLC

September 27, 2005.
    On September 6, 2005, Vulcan International Corporation, a Delaware
corporation (``Issuer''), filed an application with the Securities and
Exchange Commission (``Commission''), pursuant to Section 12(d) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d)
thereunder,\2\ to withdraw its common stock, no par value
(``Security''), from listing and registration on the American Stock
Exchange LLC (``Amex'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------

    On August 29, 2005, the Board of Directors (``Board'') of the
Issuer approved resolutions to withdraw the Security from listing and
registration on Amex. In making its decision to withdraw the Security
from Amex, the Board stated the following reasons: (i) Various changes
and circumstances have caused the Board to reevaluate the merits of
maintaining the Security's Amex listing and registration under the Act;
(ii) the Board of Directors determined that any beneficial effect on
the Issuer being listed on Amex and registered under the Act are
substantially outweighed by current and increasing burdens and costs
attendant on such listing and registration; (iii) the average daily
trading volume of shares on Amex during the entire year 2004 was 437.58
shares and the average trading volume for the first six months of 2005
was 392.67 shares; (iv) in the past 25 years, the number of outstanding
shares of the Issuer has decreased from 1,713,990 to 983,707; (v)
currently, the number of outstanding shares of the Issuer owned by
persons or entities other than the Board of Directors or management of
the Issuer is 471,245 shares; (vi) these burdens and costs of
maintaining an Amex listing and registration under the Act, including
the costs of management time, outside accounting and legal services
have substantially increased; (vii) the burdens and costs are in
addition to the opportunity costs to the Issuer of management time and
effort that would be required to meet the internal control
documentation and monitoring requirements of Section 404 of the
Sarbanes-Oxley Act, as well as the substantial, additional, outside
accounting and legal costs involved in same; (viii) various rules and
regulations imposed on the Issuer resulting from its being listed and
registered will adversely affect its relations with the outside
certified public accounting firm which has been the sole certified
public accounting firm utilized by the Issuer for over 80 years; and
(ix) the Board of Directors anticipate that the Security will be quoted
on the Pink Sheets, an electronic quotation service for over-the-
counter securities, following the deregistration and delisting from
Amex, to the extent that market makers continue to demonstrate an
interest in trading the Security.
    The Issuer stated that it has met the requirements of Amex's rules
governing an issuer's voluntary withdrawal of a security from listing
and registration by complying with all the applicable laws in effect in
Delaware, the state in which it is incorporated.
    The Issuer's application relates solely to the withdrawal of the
Security from listing on Amex and from registration under Section 12(b)
of the Act,\3\ and shall not affect its obligation to be registered
under Section 12(g) of the Act.\4\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
---------------------------------------------------------------------------

    Any interested person may, on or before October 21, 2005, comment
on the facts bearing upon whether the application has been made in
accordance with the rules of Amex, and what terms, if any, should be
imposed by the Commission for the protection of investors. All comment
letters may be submitted by either of the following methods:

Electronic Comments

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

the File Number 1-10219 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number 1-10219. This file
number should be included on the subject line if e-mail is used. To
help us 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/delist.shtml).

Comments are also available for public inspection and copying in the
Commission's Public Reference Room. All comments received will be
posted without change; we do not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly.
    The Commission, based on the information submitted to it, will
issue an order granting the application after the date mentioned above,
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. 05-19804 Filed 10-3-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: May 8, 2007 (Volume 72, Number 88)]
[Notices]
[Page 26188-26190]
[DOCID:fr08my07-114]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55684; File No. SR-BSE-2007-17]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the $1 Strike Pilot Program for an Additional Year

April 30, 2007.
    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 April 25, 2007, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') 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 substantially prepared by BSE. The
Exchange has filed the proposal as a ``non-controversial'' rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders it effective upon filing with the
Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its rules to extend its $1 strike
pilot program (``Pilot Program'') for an additional year until June 5,
2008. The text of the proposed rule change is available at BSE, the
Commission's Public Reference Room, and http://www.bostonstock.com.

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

    In its filing with the Commission, BSE 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. BSE has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to extend the Pilot
Program \5\ under the Rules of the Boston Options Exchange (``BOX'')
for an additional year. The Pilot Program allows the Boston Options
Exchange Regulation (``BOXR''), the department of BSE with the
delegated regulatory authority over BOX, to list options on a pilot
basis on up to five selected underlying equities trading below $20 at
$1 strike price intervals and to list $1 strike prices on any equity
option included in the $1 strike price pilot program of any other
options exchange until June 5, 2007. The proposed rule change retains
the text of Supplementary Material .02 to Section 6 of Chapter IV of
the BOX Rules, as currently established on a pilot basis, and seeks to
extend the operation of the Pilot Program for another year until June
5, 2008.
---------------------------------------------------------------------------

    \5\ BSE implemented the Pilot Program in February 2004 and
extended it three times through June 5, 2007. See Securities
Exchange Act Release Nos. 49292 (February 20, 2004), 69 FR 8993
(February 26, 2004) (SR-BSE-2004-01) (establishing the Pilot
Program); 49806 (June 4, 2004), 69 FR 32640 (June 10, 2004) (SR-BSE-
2004-22); 51778 (June 2, 2005), 70 FR 33562 (June 8, 2005) (SR-BSE-
2005-18); and 53855 (May 24, 2006), 71 FR 30973 (May 31, 2006) (SR-
BSE-2006-19).
---------------------------------------------------------------------------

    Chapter IV, Section 6 of the BOX Rules establishes guidelines
regarding the addition of options series for trading on BOX. Under the
Pilot Program, in order to be eligible for selection into the Pilot
Program, the underlying stock must close below $20 on its primary
market on the previous trading day. If selected for the Pilot Program,
BOXR may list strike prices at $1 intervals from $3 to $20, but no $1
strike price may be listed that is greater than $5 from the underlying
stock's closing price on its primary market on the previous day. BOXR
also may list $1 strikes on any other options class designated by
another options exchange that employs a similar pilot program under its
rules. BOXR may not list long-term option series (``LEAPS''[supreg]) at
$1 strike price intervals for any class selected for the Pilot Program.
BOXR also is restricted from listing any series that would result in
strike prices being $0.50 apart.
    The Pilot Program was initially proposed in reaction to the general
decrease in stock prices and the proliferation of stocks trading below
$20, including some of the most widely held and actively traded equity
securities listed on the New York Stock

Exchange, the American Stock Exchange, and Nasdaq. BSE notes that many
of these stocks are still trading below $20, including, for example,
Oracle, Micron Technology, EMC Corp, and Motorola.
    When a stock underlying an option trades at a lower price, it
requires a larger percentage gain in the price of the stock for an
option to become in-the-money. For example, if a stock trades at $10,
an investor that wants to purchase a slightly out-of-the-money call
option would have to buy the $12.50 call. At these levels, the stock
price would need to increase by 25% to reach in-the-money status. BSE
notes that a 25% or higher gain in the price of the underlying stock is
especially large given the lessened degree of volatility that recently
has accompanied many stocks and options. According to BSE, listing
additional strike prices on these classes has allowed BOX Participants
to provide their customers with greater trading flexibility in
achieving their investment strategies. In further support of this
proposed rule change, the Exchange submitted to the Commission a Pilot
Program Report, attached as Exhibit 3 to the filing, offering detailed
data from and analysis of the Pilot Program.
2. Statutory Basis
    The Exchange believes that the data demonstrates that there is
sufficient investor interest and demand to extend the Pilot Program for
another year, without adversely affecting systems capacity. The
proposed rule change is designed to provide investors with greater
trading opportunities, and the flexibility and ability to more closely
tailor their investment strategies and decisions to the movement of the
underlying security. Accordingly, the Exchange believes that the
proposal is consistent with the requirements of Section 6(b) of the
Act,\6\ in general, and of Section 6(b)(5) of the Act,\7\ in
particular, in that it is designed to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 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
impose any burden on competition not necessary or appropriate in the
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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days from the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6) also requires the
self-regulatory organization to give the Commission notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. BSE
has satisfied the five-day pre-filing requirement. In the event that
BSE proposes to: (1) Extend the Pilot Program beyond June 5, 2008;
(2) expand the number of options eligible for inclusion in the Pilot
Program; or (3) seek permanent approval of the Pilot Program, BSE
will submit a Pilot Program report to the Commission along with the
filing of its proposal to extend, expand, or seek permanent approval
of the Pilot Program. BSE will file any proposal to expand or seek
permanent approval of the Pilot Program and the Pilot Program report
with the Commission at least 60 days prior to the expiration of the
Pilot Program. The Pilot Program report will cover the entire time
the Pilot Program was in effect and will include: (1) Data and
written analysis on the open interest and trading volume for options
(at all strike price intervals) selected for the Pilot Program; (2)
delisted options series (for all strike price intervals) for all
options selected for the Pilot Program; (3) an assessment of the
appropriateness of $1 strike price intervals for the options BSE
selected for the Pilot Program; (4) an assessment of the impact of
the Pilot Program on the capacity of BSE's, the Options Price
Reporting Authority's, and vendors' automated systems; (5) any
capacity problems or other problems that arose during the operation
of the Pilot Program and how BSE addressed them; (6) any complaints
that BSE received during the operation of the Pilot Program and how
BSE addressed them; and (7) any additional information that would
help to assess the operation of the Pilot Program.
    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-BSE-2007-17 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File No. SR-BSE-2007-17. 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 will also be available for inspection and copying at the
principal office of BSE. 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 No. SR-
BSE-2007-17 and should be submitted on or before May 29, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-8733 Filed 5-7-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Rules and Regulations]
[Pages 7863-7865]
[FR Doc No: 2020-02852]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0093; Product Identifier 2020-NM-026-AD; Amendment
39-19837; AD 2020-03-12]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
two reports of abnormal operation of the components of the ENG START
panel or ECP due to liquid spillage in the system, and the subsequent
uncommanded engine inflight shutdown (IFSD) of one engine in each case.
This AD requires revising the existing airplane flight manual (AFM) to
define a liquid-prohibited zone in the flight deck and provide
procedures following liquid spillage on the center pedestal, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective February 14, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 14,
2020.
    The FAA must receive comments on this AD by March 30, 2020.

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: 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 the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0093.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0093; 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 AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2020-0020-E, dated
February 5, 2020, corrected February 6, 2020 (``EASA AD 2020-0020-E'')
(also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to address an unsafe condition for all
Airbus SAS Model A350-941 and -1041 airplanes.
    This AD was prompted by two reports of abnormal operation of the
components of the ENG START panel or ECP due to liquid spillage in the
system, and the subsequent uncommanded engine IFSD of one engine in
each case. The FAA is issuing this AD to address the potential for
dual-engine IFSD, possibly resulting in a forced landing with
consequent damage to the airplane and injury to occupants. See the MCAI
for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0020-E describes procedures for revising the existing
airplane flight manual (AFM) to define a liquid-prohibited zone in the
flight deck and provide procedures following liquid spillage on the
center pedestal. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a

bilateral agreement with the State of Design Authority, the FAA has
been notified of the unsafe condition described in the MCAI referenced
above. The FAA is issuing this AD because the agency evaluated all
pertinent information and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2020-0020-E described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0020-
E is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0020-E in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in the EASA AD does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in the
EASA AD. Service information specified in EASA AD 2020-0020-E that is
required for compliance with EASA AD 2020-0020-E is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0093.

FAA's Justification and Determination of the Effective Date

    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 waiving notice and comment prior to adoption of this rule
because abnormal operation of the components of the ENG START panel or
ECP due to liquid spillage in the system could result in dual-engine
IFSD, possibly resulting in a forced landing with consequent damage to
the airplane and injury to occupants. Therefore, the FAA finds good
cause that notice and opportunity for prior public comment are
impracticable. In addition, for the reasons stated above, the FAA finds
that good cause exists for making this amendment effective in less than
30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the 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 the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0093;
Product Identifier 2020-NM-026-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this AD.

Interim Action

    The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this AD affects 13 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $1,105
----------------------------------------------------------------------------------------------------------------

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

    The FAA 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 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2020-03-12 Airbus SAS: Amendment 39-19837; Docket No. FAA-2020-0093;
Product Identifier 2020-NM-026-AD.

(a) Effective Date

    This AD becomes effective February 14, 2020.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 76, Engine
controls.

(e) Reason

    This AD was prompted by two reports of abnormal operation of the
components of the ENG START panel or ECP due to liquid spillage in
the system, and the subsequent uncommanded engine inflight shutdown
(IFSD) of one engine in each case. The FAA is issuing this AD to
address the potential for dual-engine IFSD, possibly resulting in a
forced landing with consequent damage to the airplane and injury to
occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0020-E, dated February 5, 2020, corrected February 6, 2020
(``EASA AD 2020-0020-E'').

(h) Exceptions to EASA AD 2020-0020-E

    (1) Where EASA AD 2020-0020-E refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0020-E does not
apply to this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by this AD,
if those actions were performed before the effective date of this AD
using EASA AD 2020-0020-E, dated February 5, 2020.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0020-E that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

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

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0020-E,
dated February 5, 2020, corrected February 6, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0020-E, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0093.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 7, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-02852 Filed 2-10-20; 11:15 am]
 BILLING CODE 4910-13-P