[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Rules and Regulations]
[Page 12679-12680]
[DOCID:fr17mr10-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1036; Airspace Docket No. 09-AAL-17]

Revision of Class E Airspace; Iliamna, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Iliamna, AK, to
accommodate amended Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAPs), conventional SIAPs, and an Obstacle Departure
Procedure (ODP) at Iliamna Airport. The FAA is taking this action to
enhance safety and management of Instrument Flight Rules (IFR)
operations at Iliamna Airport.

DATES: Effective 0901 UTC, June 3, 2010. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Monday, December 21, 2009, the FAA published a notice of
proposed rulemaking in the Federal Register to revise Class E airspace
at Iliamna, AK (74 FR 67837).
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments were received. The rule is adopted as proposed.
    The Class E airspace areas designated as surface areas are
published in paragraph 6002 of FAA Order 7400.9T, Airspace Designations
and Reporting Points, signed August 27, 2009, and effective September
15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace areas designated as 700/1,200 ft. transition areas are
published in paragraph 6005 of FAA Order 7400.9T, Airspace Designations
and Reporting Points, signed August 27, 2009, and effective September
15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by revising Class E airspace at Iliamna Airport, AK, to
accommodate amended SIAPs, and an ODP at Iliamna Airport. This Class E
airspace will provide adequate controlled airspace upward from the
surface, and from 700 and 1,200 feet above the surface, for safety and
management of IFR operations at Iliamna Airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(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. Because this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will 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 United States Code. Subtitle 1, Section 106
describes the authority of 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 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it creates Class E airspace sufficient in size to contain aircraft
executing instrument procedures for the Iliamna Airport and represents
the FAA's continuing effort to safely and efficiently use the navigable
airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

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

0
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]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9T, Airspace Designations and Reporting
Points, signed August 27, 2009, and effective September 15, 2009, is
amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AAL AK E2 Iliamna, AK [Revised]

Iliamna Airport, AK
    (Lat. 59[deg]45'20'' N., long. 154[deg]55'04'' W.)
Iliamna NDB
    (Lat. 59[deg]44'53'' N., long. 154[deg]54'35'' W.)

    Within a 4.9-mile radius of the Iliamna Airport, AK, and within
2.5 miles each side of the 200[deg] bearing of the Iliamna NDB,
extending from the 4.9-mile radius to 7 miles south of the Iliamna
Airport, AK. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.
* * * * *

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Iliamna, AK [Revised]

Iliamna Airport, AK
    (Lat. 59[deg]45'20'' N., long. 154[deg]55'04'' W.)
Iliamna NDB
    (Lat. 59[deg]44'53'' N., long. 154[deg]54'35'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.2-mile radius of the Iliamna Airport, AK, and within 4
west and 8 miles east of the 200[deg] bearing of the Iliamna NDB,
extending from the 7.2-mile radius to 16 miles south of the Iliamna

Airport, AK; and that airspace extending upward from 1,200 feet
above the surface within a 73-mile radius of the Iliamna Airport,
AK.
* * * * *

    Issued in Anchorage, AK, on February 19, 2010.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-5262 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48422-48423]
[FR Doc No: 2021-18613]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RC11-6-012]

North American Electric Reliability Corporation; Notice of Staff
Review of Enforcement Programs

    Commission staff coordinated with the staff of the North American
Electric Reliability Corporation (NERC) to conduct the annual oversight
of the Find, Fix, Track and Report (FFT) program, as outlined in the
March 15, 2012 Order,\1\ and the Compliance Exception (CE) Program, as
proposed by NERC's September 18, 2015 annual Compliance Filing and
accepted by delegated letter order.\2\
---------------------------------------------------------------------------

    \1\ North American Electric Reliability Corp., 138 FERC ]
61,193, at P 73 (2012) (discussing Commission plans to survey a
random sample of FFTs submitted each year to gather information on
how the FFT program is working).
    \2\ North American Electric Reliability Corp., Docket No. RC11-
6-004, at 1 (Nov. 13, 2015) (delegated order) (accepting NERC's
proposal to combine the evaluation of CEs with the annual sampling
of FFTs).
---------------------------------------------------------------------------

    Commission and NERC staff reviewed a sample of 63 noncompliances--
29 of 215 total FFT noncompliances and 34 of 1,103 total CE
noncompliances posted by NERC between October 2019 and September 2020.
    Commission staff found that the FFT and CE programs are meeting
expectations. The Regional Entities appropriately included all 63 of
the sampled noncompliances in the FFT and CE programs, and all 63 FFTs
and CEs were adequately remediated and the root cause of each
noncompliance was clearly identified. Commission staff also reviewed
the supporting information for these FFT and CE noncompliances and
agreed with the final risk determinations, which clearly identified the
factors affecting the risk prior to mitigation (such as potential and
actual risk) and actual harm. Finally, Commission staff noted that the
FFTs and CE noncompliances sampled did not contain any material

misrepresentations by the registered entities.

    Dated: August 24, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-18613 Filed 8-27-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Rules and Regulations]
[Pages 7578-7580]
[FR Doc No: 2023-02358]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1414; Project Identifier MCAI-2021-01303-E;
Amendment 39-22304; AD 2023-01-10]
RIN 2120-AA64

Airworthiness Directives; GE Aviation Czech s.r.o. (Type
Certificate Previously Held by WALTER Engines a.s., Walter a.s., and
MOTORLET a.s.) Turboprop Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain GE Aviation Czech s.r.o. (GEAC) M601E-11, M601E-11A, M601E-
11AS, M601E-11S, and M601F model turboprop engines. This AD was
prompted by the exclusion of life limits for certain compressor cases
and compressor drums from the airworthiness limitations section (ALS)
of the engine maintenance manual (EMM). This AD was also prompted by
certain compressor cases that, following rework, were improperly re-
identified and the engine logbook entries were not completed. This AD
requires recalculation of the consumed life for the affected compressor
cases and compressor drums and, depending on the results of the
recalculation, removal and replacement of the affected compressor case
or compressor drum with a part eligible for installation. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 13, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 13,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1414; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For GEAC service information identified in this final
rule, contact GE Aviation Czech s.r.o., Beranov[yacute]ch 65, 199 02
Praha 9, Let[ncaron]any, Czech Republic; phone: +420 222 538 111.
     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<PHONE_NUMBER>. It is
also available at regulations.gov under Docket No. FAA-2022-1414.

FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain GEAC M601E-11,
M601E-11A, M601E-11AS, M601E-11S, M601E-21, M601F, and M601FS model
turboprop engines. The NPRM published in the Federal Register on
November 09, 2022 (87 FR 67579). The NPRM was prompted by AD 2021-0264,
dated November 22, 2021, issued by the European Union Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Union (referred to after this as the MCAI). The MCAI
states that the life limits for certain compressor cases and compressor
drums were not published in the applicable ALS of the EMM for certain
GEAC M601 model turboprop engines. The MCAI also states that following
rework of certain compressor cases from part number (P/N) M601-154.6 to
P/N M601-154.51, those compressor cases were improperly re-identified
and the engine logbook entries were not completed, which could cause
the compressor case to remain in service beyond its applicable life
limit. This condition can lead to failure of an affected part, possibly
resulting in engine mount failure and high energy debris release.
    In the NPRM, the FAA proposed to require recalculation of the
consumed life for the affected compressor cases and compressor drums
and, depending on the results of the recalculation, removal and
replacement of the affected compressor case or compressor drum with a
part eligible for installation. The FAA is issuing this AD to address
the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1414.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Revision of Paragraph (c), Applicability

    In this Final Rule, the FAA has removed GEAC M601E-21 and M601FS
model turboprop engines from paragraph (c), Applicability, because
those models do not have an FAA type certificate.

Conclusion

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. Except for minor editorial changes and any other
changes described previously, this AD is adopted as proposed in the
NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed GEAC Alert Service Bulletin ASB-M601F-72-30-00-
0061 [01] and ASB-M601E-72-30-00-0110 [01], (single document; formatted
as service bulletin identifier [revision number]), dated October 15,
2021. This service information describes procedures for recalculation
of the consumed life of certain compressor cases and compressor drums.
This service information also provides the part numbers of the affected
compressor cases and compressor drums installed on GEAC M601E-11,
M601E-11A, M601E-11AS, M601E-11S, and M601F model turboprop engines.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 7 engines 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
----------------------------------------------------------------------------------------------------------------
Recalculate the consumed life of        .25 work-hours x $85 per              $0          $21.25         $148.75
 compressor case and compressor drum.    hour = $21.25.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the recalculated consumed
life of the affected parts. The agency has no way of determining the
number of aircraft that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Remove and replace compressor case............  10 work-hours x $85 per hour =            $5,000          $5,850
                                                 $850.
Remove and replace compressor drum............  40 work-hours x $85 per hour =            $7,000         $10,400
                                                 $3,400.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:

2023-01-10 GE Aviation Czech s.r.o (Type Certificate previously held
by WALTER Engines a.s., Walter a.s., and MOTORLET a.s.): Amendment
39-22304; Docket No. FAA-2022-1414; Project Identifier MCAI-2021-
01303-E.

(a) Effective Date

    This airworthiness directive (AD) is effective March 13, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to GE Aviation Czech s.r.o. (GEAC) M601E-11,
M601E-11A, M601E-11AS, M601E-11S, and M601F model turboprop engines,
with an installed compressor case part number (P/N) M601-154.51,
which includes compressor cases identified as, or recorded in the
engine logbook as P/N M601-154.6; or with an installed compressor
drum having P/N M601-130.7 or P/N M601-134.7.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7240, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by the manufacturer's determination that
the life limits for certain compressor cases and compressor drums
were not published in the applicable airworthiness limitations
section of the engine maintenance manual. Additionally, it was
determined that following rework, certain compressor cases were
improperly re-identified and the engine logbook entries were not
completed. The FAA is issuing this AD to prevent the failure of the
compressor case and compressor drum. The unsafe condition, if not
addressed, could result in engine mount failure and high energy
debris release.

(f) Compliance

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

(g) Required Actions

    (1) Within 90 days after the effective date of this AD,
recalculate the consumed life of the affected compressor case and
affected compressor drum in accordance with the formula and lifing
coefficients in paragraph 2.B., Table 1 of the Accomplishment
Instructions of GEAC Alert Service Bulletin ASB-M601F-72-30-00-0061
[01] ASB-M601E-72-30-00-0110 [01] (single document; formatted as
service bulletin identifier [revision number]), dated October 15,
2021.
    (2) For GEAC M601E-11, M601E-11A, and M601F model turboprop
engines, before the recalculated consumed life of an affected
compressor case exceeds 11,000 equivalent flight cycles (FCs),
replace the compressor case with a compressor case eligible for
installation.
    (3) For GEAC M601E-11S and M601E-11AS model turboprop engines,
before the recalculated consumed life of an affected compressor case
exceeds 11,000 equivalent FCs, or within 12 months after the
effective date of this AD, whichever occurs first, replace the
compressor case with a compressor case eligible for installation.
    (4) For all affected engines with an installed compressor drum
having P/N M601-130.7 or M601-134.7, before the recalculated
consumed life of the compressor drum exceeds 6,750 equivalent FCs,
or within 12 months after the effective date of this AD, whichever
occurs first, replace the compressor drum with a compressor drum
eligible for installation.

(h) Definition

    (1) For the purpose of this AD, a ``compressor case eligible for
installation'' is:
    (i) For GEAC M601E-11, M601E-11A, and M601F model turboprop
engines, an affected compressor case that is identified as P/N M601-
154.51 with no reference to other P/N's and that does not have a
recalculated consumed life that has exceeded its life limit, or a
compressor case that is not P/N M601-154.51.
    (ii) For GEAC M601E-11S and M601E-11AS model turboprop engines,
a compressor case that is not P/N M601-154.51.
    Note 1 to paragraph (h)(1): A compressor case having P/N M601-
154.6 is not an approved configuration, and is not eligible for
installation.
    (2) For the purpose of this AD, a ``compressor drum eligible for
installation'' is a compressor drum that is not P/N M601-130.7 or
M601-134.7.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, ECO Branch, FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in Sec.  39.19.
In accordance with Sec.  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
paragraph (j)(2) of this AD and email to: [email protected].

(j) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD
2021-0264, dated November 22, 2021, for related information. This
EASA AD may be found in the AD docket at regulations.gov under
Docket No. FAA-2022-1414.
    (2) For more information about this AD, contact Barbara
Caufield, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; email:
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) GE Aviation Czech Alert Service Bulletin ASB-M601F-72-30-00-
0061 [01] and ASB-M601E-72-30-00-0110 [01], (single document;
formatted as service bulletin identifier [revision number]), dated
October 15, 2021.
    (ii) Reserved.
    (3) For GEAC service information identified in this AD, contact
GE Aviation Czech s.r.o., Beranov[yacute]ch 65, 199 02 Praha 9,
Let[ncaron]any, Czech Republic; phone: +420 222 538 111.
    (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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 11, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-02358 Filed 2-3-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Proposed Rules]
[Pages 46424-46426]
[FR Doc No: 2018-19736]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0057; Product Identifier 2017-SW-119-AD]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Leonardo S.p.A. (Leonardo) Model AW169 helicopters. This
proposed AD would require replacing the seals, filler wedges, and
handles of each emergency exit window. This proposed AD is prompted by
a report that a high level of pushing force was required to jettison
some windows. The actions of this proposed AD are intended to address
an unsafe condition on these products.

DATES: We must receive comments on this proposed AD by November 13,
2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments 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 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0057; 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 proposed AD, the European Aviation Safety Agency (EASA) AD, the
economic evaluation, any comments received, and other information. The
street address for Docket Operations (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
    For service information identified in this proposed rule, contact
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2017-0155, dated August 23,
2017, to correct an unsafe condition for Leonardo Model AW169
helicopters, serial numbers 69007, 69009, 69011 to 69019 inclusive,
69021 to 69024 inclusive, 69027, 69032, 69033, 69041, 69045, and 69051.
EASA advises that during scheduled replacement of emergency exit window
seals on in-service Model AW169 helicopters, an ``excessively high''
level of pushing force was required to jettison some windows. Further
investigation determined that the affected windows were incorrectly
installed during manufacturing. The installation did not conform to the
approved drawings during the first installation in the production line.
According to EASA, due to the similarity in the manufacturing process,
incorrect window installation may have occurred on Model AW169
helicopters. EASA states that this condition, if not corrected, could
prevent the jettisoning of helicopter emergency exit windows, possibly
affecting the evacuation of occupants after an emergency landing.
    EASA consequently requires replacement of the seal, the non-
metallic channel (filler wedges), and the handle of emergency exit
windows installed in the cockpit doors and cabin.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, its technical representative,
has notified us of the unsafe condition described in its AD. We are
proposing this AD because we evaluated all known relevant information
and determined that an unsafe condition is likely to exist or develop
on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed Leonardo Service Bulletin No. 169-032, Revision A,
dated September 8, 2017, which specifies

replacing the seals, the non-metallic channels, handles, and decals on
the cockpit doors and cabin emergency exit windows.
    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 the ADDRESSES section.

Proposed AD Requirements

    This proposed AD would require within 70 hours time-in-service
(TIS), replacing the seals and filler wedges on various cockpit and
passenger windows and replacing certain internal and external window
straps. This proposed AD also would require replacing decals on certain
internal and external passenger and cockpit windows.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires that the corrective actions occur within 70
hours TIS or 6 months. This proposed AD would require that the
corrective actions occur within 70 hours TIS.

Costs of Compliance

    We estimate that this proposed AD would affect 1 helicopter of U.S.
Registry and that labor costs average $85 a work-hour. Based on these
estimates, we expect that 24 work-hours would be needed to replace the
decal, seal, filler wedges, and handle of each emergency exit window
installed in cockpit doors and the cabin. Parts would cost $1,500 for a
total cost of $3,540 for this helicopter.
    According to Leonardo's service information some of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected individuals. We do not control warranty
coverage by Leonardo. Accordingly, we have included all costs in our
cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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):

Leonardo S.p.A.: Docket No. FAA-2018-0057; Product Identifier 2017-
SW-119-AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. (Leonardo) Model AW169
helicopters, serial numbers 69007, 69009, 69011 through 69019, 69021
through 69024, 69027, 69032, 69033, 69041, 69045, and 69051,
certificated in any category, where the emergency exit windows have
never been removed and reinstalled.

 (b) Unsafe Condition

    This AD defines the unsafe condition as failure of an emergency
window to jettison, which could prevent occupants from evacuating
the helicopter during an emergency.

 (c) Comments Due Date

    We must receive comments by November 13, 2018.

 (d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

 (e) Required Actions

    Within 70 hours time-in-service:
    (1) Replace the seals and filler wedges on the left hand (LH)
and right hand (RH) cockpit door upper windows.

    Note 1 to paragraph (e) of this AD: Leonardo refers to filler
wedges as ``non-metallic channels.''

    (2) Replace the seals and filler wedges on the forward LH and RH
passenger door windows. For helicopters without passenger sliding
window kit part number (P/N) 6F5630F00411, also replace the seals
and filler wedges of the aft LH and RH passenger door windows.
    (3) For helicopters with a strap P/N A487A003A, replace each
strap with emergency exit window handle P/N 8G9500L00151 on the
internal side of the window and P/N 8G9500L00251 on the external
side of the window.
    (4) Remove any decal P/N A180A005E21 from the internal side of
the passenger and cockpit windows and replace with decal P/N
A180A022E21, using as a reference Figure 1 and Figure 2 of Leonardo
Service Bulletin No. 169-032, Revision A, dated September 8, 2017
(SB No. 169-032).
    (5) Remove any decal P/N A487A003A from the external side of the
passenger and cockpit windows and replace with decals P/N
AW003DE005E33B, using as a reference Figure 3 of SB No. 169-032.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Matt Fuller, Senior Aviation Safety Engineer, Safety Management
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2017-0155, dated August 23, 2017. You

may view the EASA AD on the internet at http://www.regulations.gov
in the AD Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5220, Emergency
Exits

    Issued in Fort Worth, Texas, on July 11, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018-19736 Filed 9-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 6, 2010 (Volume 75, Number 65)]
[Notices]
[Page 17457-17459]
[DOCID:fr06ap10-93]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61818; File No. SR-NYSEAmex-2010-18]

Self-Regulatory Organizations; NYSE Amex LLC; Order Granting
Accelerated Approval of the Proposed Rule Change Relating to the
Designation of a ``Professional Customer''

March 31, 2010.

I. Introduction

    On February 25, 2010, the NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder \2\ to designate any Customer \3\ that places more than 390
orders in listed options per day on average during a calendar month for
its own beneficial account(s) as a ``Professional Customer.'' The
proposed rule change was published for comment in the Federal Register
on March 9, 2010.\4\ The Commission did not receive any comments on the
proposed rule change. This order approves the proposal on an
accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Under NYSE Amex rules, ``Customer'' is defined as ``an
individual or organization that is not a Broker/Dealer.'' See NYSE
Amex Rule 900.2NY(18).
    \4\ See Securities Exchange Act Release No. 61629 (March 2,
2010), 75 FR 10851 (March 9, 2010) (``Notice'').
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II. Description of NYSE Amex's Proposal

    NYSE Amex proposes to adopt a new term, ``Professional Customer,''
which would be defined in NYSE Amex Rule 900.2NY(18A) as a person or
entity that (i) is not a broker or dealer in securities, and (ii)
places more than 390 orders in listed options per day on average during
a calendar month for its own beneficial account(s). Under the proposal,
a Professional Customer would be treated in the same manner as a broker
or dealer in securities for purposes of certain execution rules of the
Exchange. Specifically, the orders of a Professional Customer generally
would be treated in the same manner as a broker-dealer in securities
for the purposes of NYSE Amex Rules 900.3NY(j) (Facilitation Order),
904G(f) (FLEX Trading Procedures and Principles--Crossing Limitations),
934NY (Crossing), 934.1NY (Facilitation Cross Transactions), 934.2NY
(At-Risk Cross Transactions), 934.3NY (Solicitation), 963NY (Priority
and Order Allocation Procedures--Open Outcry), 963.1NY (Complex Order
Transactions), 964NY (Display, Priority and Order Allocation--Trading
Systems), 964.2NY(b)(1)(iii) (Participation Entitlement of Specialists
and e-Specialists), 964.2NY(b)(3)(B) (Allocation of Participation
Entitlement Amongst Specialist Pool), 980NY(b) (Electronic Complex
Order Trading), Rule 995NY(b) (Prohibited Conduct--Limit Orders) and
the Exchange's schedule of fees.
    Under the proposal, a Professional Customer would participate in
NYSE Amex's allocation process on equal terms with broker-dealers--
i.e., Professional Customers would not receive priority over broker-
dealers in the allocation of orders on the Exchange. The Exchange
states that the proposal would not otherwise affect non-broker-dealer
individuals or entities under NYSE Amex rules. All Customer orders,
including non-broker-dealer orders included in the definition of
``Professional Customers,'' would continue to be treated equally for
purposes of the Exchange's rules concerning away market protection.
    The proposal requires ATP holders to indicate whether Customer
orders are ``Professional Customer'' orders.\5\ To comply with this
requirement, ATP holders would be required to review their customers'
activity on at least a quarterly basis to determine whether orders that
are not for the account of a broker or dealer should be represented as
Customer orders or Professional Customer orders.\6\ The Exchange states
that it intends to file a separate proposed rule change to adopt fees
for professional orders.\7\
---------------------------------------------------------------------------

    \5\ The Exchange intends to require firms to identify
Professional Customer orders submitted electronically to the system
by identifying them with the number ``8'' in the customer type
field--a mandatory field required for order entry. Manual orders
submitted outside the electronic system would be marked with an
origin code of ``PC.'' These Professional Customer identifiers would
also flow through Exchange systems into audit trail and trade
reporting data. See Notice, supra note 4 at 10852.
    \6\ Orders for any customer that had an average of more than 390
orders per day during any month of a calendar quarter must be
represented as Professional Customer orders for the next calendar
quarter. ATP Holders would be required to conduct a quarterly review
and make any appropriate changes to the way in which they are
representing orders within five business days after the end of each
calendar quarter. While members only would be required to review
their accounts on a quarterly basis, if during a quarter the
Exchange identifies a customer for which orders are being
represented as Customer orders but that has averaged more than 390
orders per day during a month, the Exchange would notify the ATP
Holder and the ATP Holder would be required to change the manner in
which it is representing the customer's orders within five business
days. The Exchange confirmed that references to ``five days'' in
footnote 10 of the Notice should be read as ``five business days.''
E-mail from Matthew Vaughn, Counsel, NYSE Euronext to Ronesha
Butler, Special Counsel, Division of Trading and Markets, dated
March 31, 2010.
    \7\ See Notice, supra note 4 at 10852.
---------------------------------------------------------------------------

III. Commission Findings and Order Granting Approval of the Proposed
Rule Change Change

    After careful consideration of the proposed rule change, the
Commission finds that the proposed rule change is consistent with the
Act. Specifically, the Commission finds that the proposed rule change
is consistent with Section

6(b) \8\ of the Act and the rules thereunder,\9\ and in particular
with:
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ In approving the proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    Section 6(b)(5) of the Act, which requires that the rules of a
national securities exchange, among other things, be designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism for a free and open market and a national
market system, and, in general, to protect investors and the public
interest; and not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers; \10\ and
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Section 6(b)(8) of the Act, which requires the rules of an exchange
not to impose any burden on competition not necessary or appropriate in
furtherance of the Act.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Under the proposed rule change, customers who place orders on the
level of frequency specified in proposed NYSE Amex Rule 900.2NY(18A)
would be deemed Professional Customers and would no longer receive the
priority treatment currently granted to all public customers. The
Commission has previously approved similar proposals to give the orders
of certain customers, identified as ``Professional Orders'' \12\ or
``Professionals'',\13\ no greater priority than that given to broker-
dealer orders.\14\ Under the Professional Customer Approval Orders, the
orders of public customers that are deemed Professional orders are no
longer accorded the priority granted to the orders of all other public
customers.\15\ While NYSE Amex Rule 900.2NY (18A) differs slightly from
the rules adopted in the Professional Customer Approval Orders, the
Commission believes that the Exchange's proposed rule change is
comparable to rules of the ISE, CBOE and Phlx, which the Commission
found to be consistent with the Act.
---------------------------------------------------------------------------

    \12\ See International Securities Exchange, LLC (``ISE'') Rule
100 (a)(37C).
    \13\ See Chicago Board Options Exchange, Incorporated (``CBOE'')
Rule 1.1 (ggg). See also NASDAQ OMX PHLX, Inc. (``Phlx'') Rule
1000(b)(14).
    \14\ See Securities Exchange Act Release Nos. 59287 (January 23,
2009), 74 FR 5694 (January 30, 2009) (``ISE Approval Order''); 61198
(December 17, 2009), 74 FR 68880 (December 29, 2009) (``CBOE
Approval Order''); 61802 (March 30, 2010) (``Phlx Approval Order'')
(together, the ``Professional Customer Approval Orders'').
    \15\ Id.
---------------------------------------------------------------------------

    In the ISE Approval Order, the Commission reviewed the background
and history of customer order priority rules on national securities
exchanges, and analyzed the role played in the shaping of these rules
by various considerations and principles. In this regard, the
Commission discussed the requirement of Section 6(b)(5) of the Act that
the rules of an exchange be designed to protect investors and the
public interest; traditional notions of customer priority in exchange
trading; the agency obligations of exchange specialists; and the
requirements of Section 11(a) of the Act.\16\ In approving the ISE
proposal, the Commission articulated its view that priority for public
customer orders is not an essential attribute of an exchange,\17\ and
noted that in the past it has approved trading rules at options
exchanges that do not give priority to orders of public customers that
are priced no better than the orders of other market participants.\18\
---------------------------------------------------------------------------

    \16\ ISE Approval Order, supra note 14. For a brief synopsis of
the requirements of Section 11(a), see infra, note 20.
    \17\ See ISE Approval Order, supra note 14, at 5697.
    \18\ See ISE Approval Order, supra note 14, at 5697, n. 41-44.
---------------------------------------------------------------------------

    In the ISE Approval Order, the Commission concluded that Section
6(b)(5) of the Act does not require an exchange to treat the orders of
public customers who place orders at the frequency of more than 390
orders per day on average identically to the orders of public customers
who do not meet that threshold.\19\ For the same reason, the Commission
believes that the Exchange's proposed rule change is consistent with
Section 6(b)(5) of the Act.
---------------------------------------------------------------------------

    \19\ See ISE Approval Order, supra note 14, at 5697. See also
CBOE Approval Order and Phlx Approval Order, supra note 14.
---------------------------------------------------------------------------

    The Commission believes that its view with respect to the ISE
Approval Order is equally applicable to the NYSE Amex proposal. In this
regard, the Commission does not believe that the Act requires that the
orders of a public customer or any other market participant be granted
priority. Historically, in developing their trading and business
models, exchanges have adopted rules, with Commission approval, that
grant priority to certain participants over others, in order to attract
order flow or to create more competitive markets. However, the Act does
not entitle any participant to priority as a right. The requirement of
Section 6(b)(8) of the Act that the rules of an exchange not impose an
unnecessary or inappropriate burden upon competition does not
necessarily mandate that a Professional Customer (as defined in the
NYSE Amex proposal) be granted priority at a time that a broker-dealer
is not granted the same right. The NYSE Amex proposal simply restores
the treatment of persons who would be deemed Professional Customers to
a base line where no special priority benefits are granted.\20\ Thus,
the Commission believes that it is consistent with the Act for the
Exchange to amend its rules so that Professional Customer orders, like
the orders of broker-dealers, are not granted special priority.\21\
---------------------------------------------------------------------------

    \20\ In its proposal, the Exchange addressed compliance with
Section 11(a) of the Act. Section 11(a) prohibits a member of a
national securities exchange from effecting transactions on that
exchange for its own account, the account of an associated person,
or an account over which it or its associated person exercises
discretion unless an exception applies. Section 11(a)(1) and the
rules thereunder contain a number of exceptions for principal
transactions by members and their associated persons, including the
exceptions in subparagraph (G) of Section 11(a)(1) and in Rule 11a1-
1(T), as well as Rule 11a2-2(T) under the Act. The Exchange
represents that the proposal would not affect the availability of
the exceptions to Section 11(a) of the Act, including the exceptions
in subparagraph (G) of Section 11(a) and in Rules 11a1-1(T) and
11a2-2(T), as are currently available. See Notice, supra note 4 at
10852.
    \21\ The Commission notes that certain trading practices that
could be affected by the proposed rule change may raise issues
outside the scope of its review of the proposal itself.
Specifically, any entity that acts as ``dealer,'' as defined in
Section 3(a)(5) of the Act, 15 U.S.C. 78c(a)(5), is required to
register with the Commission under Section 15 of the Act, 15 U.S.C.
78o, and the rules and regulations thereunder, or qualify for any
exception or exemption from registration. Activity that may cause a
person to be deemed a dealer includes ```quoting a market in or
publishing quotes for securities (other than quotes on one side of
the market on a quotations system generally available to non-broker-
dealers, such as a retail screen broker for government
securities).'' See Definitions of Terms in and Specific Exemptions
for Banks, Savings Associations, and Savings Banks Under Sections
3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934,
Securities Exchange Act Release No. 47364, 68 FR 8686, 8689, note 26
(February 24, 2003) (quoting OTC Derivatives Dealers, Securities
Exchange Act Release No. 40594 (October 23, 1998), 63 FR 59362,
59370, note 61 (November 3, 1998)).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2) of the Act,\22\ the Commission may not
approve any proposed rule change, or amendment thereto, prior to the
30th day after the date of publication of notice of the filing thereof,
unless the Commission finds good cause for so doing and publishes its
reasons for so finding. The Commission hereby finds good cause for
approving the proposed rule change before the 30th day after the date
of publication of notice of filing thereof in the Federal Register.\23\
The Commission did not receive any comments on the proposed rule
change. As noted above, the Commission previously found that exchange
rules that distinguish between the orders of

customers who place orders at the frequency of more than 390 orders per
day on average during a calendar month for its own beneficial
account(s) and the orders of customers who do not meet that threshold
are consistent with the Act.\24\ Accordingly, pursuant to Section
19(b)(2) of the Act,\25\ the Commission finds good cause to approve the
proposed rule change on an accelerated basis.
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    \22\ 15 U.S.C. 78s(b)(2).
    \23\ See Notice, supra note 4.
    \24\ See Professional Customer Approval Orders, supra note 14.
    \25\ 15 U.S.C. 78s(b)(2).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\26\ that the proposed rule change (SR-NYSEAmex-2010-18), be, and
it hereby is, approved on an accelerated basis.
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    \26\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7753 Filed 4-5-10; 8:45 am]
BILLING CODE 8011-01-P