[Federal Register: August 29, 2006 (Volume 71, Number 167)]
[Notices]
[Page 51255-51257]
[DOCID:fr29au06-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54353; File No. SR-NASD-2006-090]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment Nos. 1 and 2 Thereto Regarding Fees and
Credits for the NASD/Nasdaq Trade Reporting Facility and To Adopt a
Transaction Credit Program for Securities Listed on the Nasdaq Stock
Market

August 23, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 21, 2006, the National Association of Securities Dealers, Inc.
(``NASD'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by NASD. On August 7, 2006,
NASD amended the proposed rule change.\3\ NASD again amended the
proposed rule change on August 14, 2006.\4\ NASD filed the proposed
rule change pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule
19b-4(f)(6) thereunder,\6\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Amendment No. 1. Amendment No. 1 made clarifying changes
to the proposed rule change.
    \4\ See Amendment No. 2. Amendment No. 2 made clarifying changes
to the proposed rule change. For purposes of calculating the 60-day
abrogation period, the Commission considers the period to have
commenced on August 14, 2006, the day NASD filed Amendment No. 2.
NASD provided the Commission with written notice of its intention to
file the proposed rule change on July 13, 2006. See Section
19(b)(3)(A) of the Act, and Rule 19b-4(f)(6)(iii) thereunder. 15
U.S.C. 78s(b)(3)(A), 17 CFR 240.19b-4(f)(6)(iii).
    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASD proposes to adopt a new NASD Rule 7000B Series relating to
fees and credits for The Trade Reporting Facility LLC (``NASD/Nasdaq
TRF'') established by NASD and The Nasdaq Stock Market, Inc.
(``Nasdaq''). NASD filed the proposed rule change for immediate
effectiveness. NASD proposes that the

proposed rule change will be effective with respect to Nasdaq-listed
securities as of August 1, 2006, the day on which the NASD/Nasdaq TRF
commenced operating with respect to such securities. NASD proposes to
implement the proposed rule change with respect to non-Nasdaq exchange-
listed securities when the NASD/Nasdaq TRF receives Commission approval
and commences operation with respect to such securities.
    The text of the proposed rule change is available at the
Commission's Public Reference Room, at NASD, and on the NASD Web site
at http://www.nasd.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, NASD 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. NASD 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
    NASD proposes to adopt a new NASD Rule 7000B Series relating to
fees and credits applicable to the NASD/Nasdaq TRF, which was recently
approved by the Commission for collecting over-the-counter trade
reports in Nasdaq-listed securities.\7\ In accordance with NASD policy
regarding the NASD/Nasdaq TRF and other trade reporting facilities that
NASD may establish with other registered national securities exchanges,
the fees and credits reflected in the proposal have been developed and
approved by the officers and the Board of Directors of the NASD/Nasdaq
TRF, and have also been reviewed and approved by NASD staff and the
NASD Board as consistent, in the view of the NASD, with the
requirements of the Act.
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    \7\ See Securities Exchange Act Release No. 54084 (June 30,
2006), 71 FR 38935 (July 10, 2006)(SR-NASD-2005-087). NASD intends
to file an additional proposed rule change to allow the NASD/Nasdaq
TRF to collect trade reports for non-Nasdaq exchange-listed
securities.
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    The fee schedule set forth in proposed new Rule 7002B is identical
to Nasdaq's current fee schedule for its Automated Confirmation
Transaction (``ACT'') system contained in NASD Rule 7010(g) (Nasdaq
Market Center Trade Reporting). Under the proposed fee schedule,
reporting of trades that do not use the NASD/Nasdaq TRF's comparison
functionality (i.e., ``locked-in trades'') in Nasdaq-listed securities
is free. Reporting of locked-in trades in other securities will be
subject to a charge of $0.029 per side, but market participants
reporting an average daily volume of more than 5000 trades per day in
stocks reported to the Consolidated Tape Association (``CTA'') during a
month will pay the charge only for a number of trades equal to 5000
times the number of trading days in the month. Under proposed Rule
7003B, which is identical to current NASD Rule 7020 (Aggregation of
Activity of Affiliated Members), affiliated members using the NASD/
Nasdaq TRF may aggregate their activity for purposes of determining
eligibility for this volume based-discount.
    The comparison charge in proposed Rule 7002B is $0.0144 per side
per 100 shares, with a minimum charge of 400 shares and a maximum
charge of 7,500 shares. The Late Report fee is $0.288 per side, the
Query charge is $0.50 per query, and the Corrective Transaction Charge
is $0.25, paid by the reporting party or both parties, depending on the
nature of the correction. The NASD/Nasdaq TRF will assess a compounding
late charge of 1-\1/2\% per month for fees past due 45 days or more.
    In addition, NASD is proposing to adopt a transaction credit
program under proposed NASD Rule 7001B with respect to trades reported
to the NASD/Nasdaq TRF that would allow participants to share market
data revenue associated with trades in stocks listed on the New York
Stock Exchange (``Tape A'') and the American Stock Exchange (``Tape
B''). Under the program, NASD members reporting trades in those stocks
to the NASD/Nasdaq TRF will receive 50% of the market data revenue
earned by the NASD/Nasdaq TRF with respect to those trade reports,
after deducting any amounts that the NASD/Nasdaq TRF will be required
to pay to the CTA for capacity usage. The credits are paid on a
quarterly basis. The proposed transaction credit program is identical
to Nasdaq's current transaction credit program for Tape A and Tape B
stocks pursuant to NASD Rule 7010(b)(2) (Exchange-Listed Securities
Transaction Credit).
    NASD is also proposing to adopt under new Rule 7001B an equivalent
transaction credit program for securities listed on the Nasdaq Stock
Market (``Tape C''). The proposed program for Tape C stocks is not
identical to the existing Tape A and B programs because there is a
difference in the manner in which the underlying Tape A and Tape B
revenue versus Tape C revenue is distributed to NASD and the exchanges.
Tape A and Tape B revenue is currently distributed to NASD and
exchanges based on the number of trades reported, while Tape C revenue
is distributed based on an average of number of trades and number of
shares reported. There is no difference, however, in the manner in
which members will share in Tape A and B revenue versus Tape C revenue
because the proposed rule language bases the credits on the pro rata
share of revenue attributable to a member's trade reports. Thus, a
member will receive 50% of the revenue attributable to its trade
reports in each of the three tapes. The proposed transaction credit
program for Tape C stocks is identical to the National Stock Exchange's
(``NSX'') existing Tape C program. The NSX's program provides a 50%
transaction credit on revenue generated by transactions in Tape C
securities and is allocated to members on a pro rata basis based upon
the Tape C revenue generated by such member.\8\
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    \8\ See Securities Exchange Act Release No. 53860 (May 24,
2006), 71 FR 31250 (June 1, 2006)(SR-NSX-2006-07).
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    NASD has filed the proposed rule change for immediate
effectiveness. NASD proposes that the proposed rule change, with
respect to Nasdaq-listed securities, will be implemented as of August
1, 2006, the day on which the NASD/Nasdaq TRF commenced operating with
respect to such securities. NASD proposes to implement the proposed
rule change with respect to non-Nasdaq exchange-listed securities when
the NASD/Nasdaq TRF receives Commission approval and commences
operation with respect to such securities.
2. Statutory Basis
    NASD believes that the proposed rule change is consistent with the
provisions of Section 15A of the Act,\9\ in general, and with Section
15A(b)(5) of the Act,\10\ in particular, which requires, among other
things, that NASD rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that NASD operates or
controls. NASD believes that the proposed rule change is a reasonable
and equitable fee and credit structure in that the proposed fees are
identical to pre-existing fees established by Nasdaq during its
operation as a facility of

NASD and the credits are identical to pre-existing credits established
by Nasdaq and the NSX.
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    \9\ 15 U.S.C. 78o-3.
    \10\ 15 U.S.C. 78o-3(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and
Rule 19b-4(f)(6) thereunder.\12\ 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.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    NASD has requested that the Commission waive the 30-day operative
delay contained in Rule 19b-4(f)(6)(iii) under the Act \13\ because the
NASD/Nasdaq TRF commenced operating with respect to Nasdaq-listed
securities on August 1, 2006. In light of the foregoing, the Commission
believes such waiver is consistent with the protection of investors and
the public interest. Accordingly, the Commission designates the
proposal to be effective and operative upon filing with the
Commission.\14\
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    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
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IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NASD-2006-090 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASD-2006-090. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASD-2006-090 and should be submitted on or before
September 19, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
Nancy M. Morris,
Secretary.
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    \15\ 17 CFR 200.30-3(a)(12).
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 [FR Doc. E6-14297 Filed 8-28-06; 8:45 am]

BILLING CODE 8010-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 30, 2004

NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-12503

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

1.  Application of ATLAS AIR, INC. (Atlas), filed 11/12/04 for:

XX  Waiver of startup deadline in Order 2004-3-16 for U.S.-Ecuador
all-cargo services

2.  Application of FLORIDA WEST INTERNATIONAL AIRLINES, INC. (Florida
West),

filed 11/17/04  for:

XX  Waiver of startup deadline in Order 2004-3-16 for U.S.-Ecuador
all-cargo services

Background:

By Order 2004-3-16, the Department, among other things: (1) granted to
Atlas six available frequencies to conduct scheduled U.S.-Ecuador
all-cargo air transportation services; and (2) granted to Florida West
five available frequencies to conduct scheduled U.S.-Ecuador all-cargo
air transportation services.  These awards were subject to the condition
that the carriers commence service with the frequencies no later than
June 14, 2004.  By Notices of Action Taken dated June 14, 2004 and
September 15, 2004, in the above-captioned docket, the Department
granted the requests of Atlas Air and Florida West to extend the startup
deadline for the subject U.S.-Ecuador all-cargo frequencies.  The most
recent extension was granted through December 1, 2004.

Applications for Waiver of the Startup Condition:

On November 12, 2004, Atlas Air filed an application in the captioned
docket for a waiver of the startup condition imposed by Order 2004-3-16,
and asked that the startup period be extended for an additional period
through January 15, 2005.  Atlas states that the Ecuadorian Dirección
General de Aviación Civil (CNAC) held a public hearing regarding its
pending application that resulted in the issuance of a CNAC resolution
authorizing Atlas to provide scheduled service.  Atlas explains, however
that the authorization will not be finalized until Atlas has completed
its presentation of the requisite technical documents, including a local
bank warranty in favor of the Government of Ecuador and modified
Ecuadorian operations specifications.  Atlas states that, although it is
preparing the required documents for submission, the process will not be
completed by

December 1, 2004, the current start-up deadline.

(Applicant rep.: Russell E. Pommer<PHONE_NUMBER>  DOT Analyst:  Thuy H.
Cooper<PHONE_NUMBER> )

On November 17, 2004, Florida West filed an application in the captioned
docket for a waiver of the startup condition imposed by Order 2004-3-16,
and asked that the startup deadline be extended for an additional period
through January 15, 2005.  Florida West states that the CNAC held a
public hearing regarding its pending application that resulted is the
issuance of a tentative “favorable acceptance” authorizing Florida
West to provide scheduled service.  Florida West explains, however, that
the authorization will not be finalized until Florida West finishes
presenting the required technical documents, including several
operations specifications amendments.  Florida West states that although
it is preparing the necessary documents for submission, the process will
not be completed by December 1, 2004, the current start-up deadline.

(Applicant rep.: Marshall S. Sinick<PHONE_NUMBER>  DOT Analyst: Thuy H.
Cooper<PHONE_NUMBER>)

Answers/Responsive Pleadings:

No party opposed the requests of Atlas Air and Florida West in this
matter.

Disposition:

We grant the applications filed by Florida West and Atlas Air for
waivers of the startup deadline imposed by Order 2004-3-16 in the 2002
U.S.-Ecuador All-Cargo Service Case, and extend, through January 15,
2005, the startup deadline for the frequencies allocated to Florida West
and Atlas Air.

In taking this action, we find that grant of the requested waivers is in
the public interest in the circumstances presented; namely, that both of
the carriers have indicated on the record that they are diligently
working to obtain the requisite Ecuadorian Government authority, and
that no party opposed their respective waiver requests here.

The above action was effective when taken: November 30, 2004.

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

________________________________________________________________________
______

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy, and (2) grant of the request(s) was consistent with the public
interest.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

  Extension of the startup deadline is effective through January 15,
2005, or until the date on which Florida West or Atlas Air begins
service with each of their allocated U.S.-Ecuador frequencies, whichever
occurs earlier.  As to any frequency with which Florida West or Atlas
Air does not begin service by January 15, 2005, the allocation with
respect to that frequency will expire automatically.


Summary of Imazalil RED Worker and Ecological Risk Assessment June 1, 2003 Uses ° Fungicide for post harvest treatment of citrus fruits, seed treatment of barley and wheat prior to planting, and used as a disinfectant in chicken hatcheries.

Health Effects ° Placed in an acute Category II, III and IV for oral, dermal, and inhalation toxicity, respectively. Imazalil is highly irritating to eyes ( Category I), but is not a skin irritant ( Category IV) or a dermal sensitizer.

° The primary target organ for imazalil toxicity in animals is the liver.

° Carcinogenicity studies in rodents find that imazalil is carcinogenic to male mice and rats, based on significant increases in liver adenomas and combined adenomas/ carcinomas. Imazalil has been classified as " likely to be carcinogenic in humans."

Health Risk ° The registrant conducted a study and submitted new data to address whether a linear low dose ( Q*) or a threshold cancer model should be used to characterize the cancer risk for imazalil. The Agency reviewed the study and concluded the Q* model was most appropriate. The registrant indicated they will provide additional analysis and data on this issue during the Phase 5 comment period. There is the possibility that additional data may result in a determination that the threshold cancer model is more appropriate. The Agency will consider their comments, and adjust the cancer model if appropriate.

Worker Risk ° For handlers, the results of the non cancer short, intermediate and long term dermal and inhalation risk assessments show that risks are not of concern all scenarios at baseline attire ( i. e., long pants, and long sleeved shirts), or with the addition of PPE, ( protective gloves).

° There were 14 scenarios evaluated for cancer risk; one scenario was 1.50 x 10 4, when PPE is employed, two scenarios were in the 10 5 range, and the remaining scenarios were in the 10 6 to 10 7 range, when PPE is employed. Most imazalil labels currently prescribe the following PPE for all handlers: long sleeved shirt and  2 long pants, gloves, shoes, socks, and protective eye wear. ° The estimated lifetime cancer risk for post application citrus workers was estimated to be 6.68 x 10 4 assuming a baseline exposure scenario. Exposure estimates were derived from residue chemistry data, surface area calculations, and a reentry study for citrus found in the scientific literature, and are considered very conservative. With the addition of protective gloves, risk are in the range of 10 5 to 10 7.

Ecological Risk Risk to Terrestrial Organisms

On the basis of risk quotients, imazalil does not result in an acute or chronic risk to either avian or mammalian species. No levels of concern ( LOCs) are exceeded due to the low application rate and minimal exposure.

Risk to Aquatic Organisms

On the basis of risk quotients, imazalil does not exceed levels of concern for freshwater organisms. No acute LOC for freshwater organisms are exceeded due to the extremely low exposure, which is attributable to the low application rate ( 0.01 lb ai/ A) and the seed treatment end use ( only 1% residue left on soil surface). Because of the extremely low exposure and relatively low acute toxicity to freshwater organisms, acute toxicity testing for estuarine aquatic organisms and all chronic testing have been waived.

Endangered Species

None of imazalil RQ values for endangered species exceed Levels of Concern for either terrestrial or aquatic non target organisms. The risk quotients for freshwater fish and invertebrate values are 0.00005 and 0.00002, respectively. This is well below the L0C ( Level of Concern) value of 0.05. The RQ values for avian and mammal species are both < 0.01 and also well below the LOC of 0.05.


[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Proposed Rules]
[Pages 41577-41579]
[FR Doc No: 2017-18571]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0660; Product Identifier 2017-NE-21-AD]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain General Electric Company (GE) GEnx-1B64/P2, -1B67/P2, -1B70/P2,
-1B70/75/P2, -1B70C/P2, and -1B74/75/P2 turbofan engines. This proposed
AD was prompted by a report of the failure of the high-pressure turbine
(HPT) stage 1 blade retainer and subsequent in-flight shutdown of the
engine. This proposed AD would require inspection of the HPT stage 1
blade retainer. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by October 16,
2017.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact General
Electric Company, GE-Aviation, Room 285, 1 Neumann Way, Cincinnati, OH
45215, phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
You may view this service information at the FAA, Engine and Propeller
Standards Branch, Policy and Innovation Division,

1200 District Avenue, Burlington, MA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

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-2017-
0660; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher McGuire, Aerospace
Engineer, FAA, ECO Branch, Compliance and Airworthiness Division, 1200
District Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-0660;
Directorate Identifier 2017-NE-21-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. We will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    We learned of the failure of an HPT stage 1 blade retainer that
resulted in an in-flight shutdown of the engine. This condition, if not
corrected, could result in failure of one or more engines, loss of
thrust control, and damage to the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed GE Service Bulletin (SB) GEnx-1B SB 72-0326 R02, dated
August 16, 2017. The SB describes procedures for piece-part inspection
of the HPT stage 1 blade retainer. 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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require inspection of the HPT stage 1 blade
retainer.

Costs of Compliance

    We estimate that this proposed AD affects 11 engines installed on
airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the HPT stage 1 blade  1 work-hour x $85 per hour               $0             $85            $935
 retainer.                            = $85.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
appliances to the Manager, Engine and Propeller Standards Branch,
Policy and Innovation Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (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.

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):

General Electric Company: Docket No. FAA-2017-0660; Product
Identifier 2017-NE-21-AD.

(a) Comments Due Date

    We must receive comments by October 16, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) GEnx-1B64/P2, -
1B67/P2, -1B70/P2, -1B70/75/P2, -1B70C/P2, and -1B74/75/P2 turbofan
engines, with a high-pressure turbine (HPT) stage 1 blade retainer,
part number (P/N) 2445M91P01 or 2383M99P02, with a serial number
listed in Planning Information, paragraph 1.A., of GE GEnx-1B
Service Bulletin (SB) 72-0326 R02, dated August 16, 2017.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by a report of the failure of the high-
pressure turbine (HPT) stage 1 blade retainer and subsequent in-
flight shutdown of the engine. We are issuing this AD to prevent
failure of the HPT stage 1 blade retainer. The unsafe condition, if
not corrected, could result in failure of one or more engines, loss
of thrust control, and damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) At the next engine shop visit after the effective date of
this AD, perform a one-time inspection of the HPT stage 1 blade
retainer. Use the Accomplishment Instructions, paragraph 3.A.(1), in
GE GEnx-1B SB 72-0326 R02, dated August 16, 2017, to do the
inspection.
    (2) If any cracks are found in the HPT stage 1 blade retainer,
or the retainer does not meet the dimensional criteria found in the
Accomplishment Instructions, paragraph 3.A.(1), in GEnx-1B SB 72-
0326 R02, dated August 16, 2017, replace with a part eligible for
installation.

(g) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine case flanges, except
separation of engine flanges solely for the purposes of
transportation or for replacing the fan or propulsor, without
subsequent maintenance, does not constitute an engine shop visit.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, FAA, ECO Branch, Compliance and Airworthiness
Division, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ECO Branch, send it to
the attention of the person identified in paragraph (i)(1) of this
AD. You may email your request to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Christopher
McGuire, Aerospace Engineer, FAA, ECO Branch, Compliance and
Airworthiness Division, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) GE GEnx-1B SB 72-0326 R02, dated August 16, 2017, can be
obtained from GE using the contact information in paragraph (i)(3)
of this AD.
    (3) For service information identified in this proposed AD,
contact General Electric Company, GE-Aviation, Room 285, 1 Neumann
Way, Cincinnati, OH 45215, phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (4) You may view this service information at the FAA, Engine and
Propeller Standards Branch, Policy and Innovation Division, 1200
District Avenue, Burlington, MA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on August 29, 2017.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2017-18571 Filed 8-31-17; 8:45 am]
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