Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations 41673 

installed by STC or alteration, no further 

action is required by this AD. 

(iv) If you can positively determine 

through inspection of the oxygen mask 

container assembly that the date of 

manufacture is after March 1, 2006, and you 

can verify that the original oxygen masks in 

the container assembly are installed, no 

further action is required by this AD. 

(2) If, as a result of any of the records 

checks/inspections required in paragraph 

(g)(1) of this AD, you determine that an 

oxygen mask assembly part number listed in 

B/E Aerospace Service Bulletin 174080–35– 

04, Rev 000, dated September 6, 2010, is 

installed, inspect the oxygen mask assembly 

to determine if the in-line flow indicator 

must be replaced following paragraph II.A. of 

B/E Aerospace Service Bulletin 174080–35– 

04, Rev 000, dated September 6, 2010. If you 

can positively determine that the in-line flow 

indicator does not require replacement, no 

further action is required by this AD. 

Modification/Replacement 

(h) After the inspection in paragraph (g)(2) 

of this AD and it was determined the in-line 

flow indicator must be replaced, within 36 

months after August 19, 2011 (the effective 

date of this AD) or within 6,500 hours TIS 

after August 19, 2011 (the effective date of 

this AD), whichever occurs first, modify the 

oxygen mask assembly by replacing the inline flow indicator following B/E Aerospace 

Service Bulletin 174080–35–04, Rev 000, 

dated September 6, 2010. As an alternative to 

modifying the oxygen mask assembly, you 

may replace the oxygen mask assembly with 

an airworthy oxygen mask assembly FAAapproved for installation on the aircraft. 

Parts Installation 

(i) As of August 19, 2011 (the effective date 

of this AD), do not install a B/E Aerospace 

oxygen mask having a part number listed in 

B/E Aerospace Service Bulletin 174080–35– 

04, Rev 000, dated September 6, 2010, with 

a manufacturing date on or after January 1, 

2002, and before March 1, 2006, on any 

aircraft, unless it has been modified 

following the requirements of paragraph (h) 

of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Wichita Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

Related Information 

(k) For more information about this AD, 

contact David Fairback, Aerospace Engineer, 

Wichita ACO, FAA, 1801 Airport Road, 

Room 100, Wichita, Kansas 67209; telephone: 

(316) 946–4154; fax: (316) 946–4107; e-mail: 

david.fairback@faa.gov. 

(l) For service information identified in 

this AD, contact B/E Aerospace, 10800 

Pflumm Road, Lenexa, Kansas 66215; 

telephone: (913) 338–9800; fax: (913) 469– 

8419; Internet: http://www.beaerospace.com. 

You may review copies of the referenced 

service information at the FAA, Small 

Airplane Directorate, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the FAA, call 

(816) 329–4148. 

Material Incorporated by Reference 

(m) You must use B/E Aerospace Service 

Bulletin 174080–35–04, Rev 000, dated 

September 6, 2010, to do the actions required 

by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information under 5 U.S.C. 552(a) 

and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact B/E Aerospace, 10800 

Pflumm Road, Lenexa, Kansas 66215; 

telephone: (913) 338–9800; fax: (913) 469– 

8419; Internet: http://www.beaerospace.com. 

(3) You may review copies of the 

referenced service information at the FAA, 

Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call 816–329–4148. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on July 1, 

2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–17205 Filed 7–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1159; Directorate 

Identifier 2010–NM–006–AD; Amendment 

39–16746; AD 2011–14–11] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 747–400 and –400D 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD requires 

a general visual inspection to determine 

the routing of the wire bundles in the 

number two and number three engine 

pylons near the leading edge, and 

related investigative and corrective 

actions if necessary. For certain 

airplanes, this AD also requires certain 

concurrent actions. This AD was 

prompted by a report of a fuel leak from 

the main fuel feed tube at the number 

two engine pylon. We are issuing this 

AD to detect and correct chafing of the 

main fuel feed tube and the alternating 

current motor-driven hydraulic pump 

wire bundle, which could lead to arcing 

from the exposed wire to the fuel feed 

tube, and could result in a fire or 

explosion. 

DATES: This AD is effective August 19, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of August 19, 2011. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Tung Tran, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; phone: 425– 

917–6505; fax: 425–917–6590; e-mail: 

tung.tran@faa.gov. 

SUPPLEMENTARY INFORMATION: 

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41674 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to the 

specified products. That NPRM 

published in the Federal Register on 

December 1, 2010 (75 FR 74663). That 

NPRM proposed to require a general 

visual inspection to determine the 

routing of the wire bundles in the 

number two and number three engine 

pylons near the leading edge, and 

related investigative and corrective 

actions if necessary. For certain 

airplanes, that NPRM also proposed to 

require certain concurrent actions. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal and the FAA’s 

response to each comment. 

Request To Change Wording of 

Precipitating Event 

Boeing requested a change to the 

wording describing the precipitating 

event specified in the Summary and 

Discussion sections and paragraph (e) of 

the NPRM to clarify the location of the 

fuel leak. Boeing clarified that, for the 

record, the fuel leaked from the main 

fuel feed tube and drained through the 

drain line. 

We agree that changing the language 

to specify the location of the leak makes 

the description more accurate. 

Therefore, we have changed the 

wording appropriately in the Summary 

section and paragraph (e) of this AD. 

However, the subject text does not 

appear in the Discussion section in the 

final rule. 

Request To Include Service Bulletin 

Reference in the ‘‘FAA’s Determination 

and Requirements of this Proposed AD’’ 

Paragraph of the NPRM 

Boeing requested that we change the 

last sentence of the ‘‘FAA’s 

Determination and Requirements of this 

Proposed AD’’ paragraph in the NPRM 

to cite the specific service bulletin 

number, revision level, and date to 

differentiate between previous and new 

service information. 

We agree that the requested change 

might clarify the information. However, 

because that section is not restated in 

the final rule, we cannot make the 

requested change to this AD. 

Request To Remove Cost of Concurrent 

Actions 

Boeing requested that we remove the 

cost of the concurrent inspection and 

bracket installation from the Costs of 

Compliance section of the NPRM. 

Boeing stated that the cost for the 

concurrent inspection and bracket 

installation was previously stated in AD 

92–27–13, Amendment 39–8448 (58 FR 

5920, January 25, 1993), and is not 

necessary in this proposed AD. 

We disagree that it is unnecessary to 

include the cost of the concurrent 

actions in this AD. We acknowledge that 

these costs have already been stated in 

an existing AD; however, we have 

provided costs for required actions in 

this AD, including concurrent actions, 

regardless of whether operators might 

already have done them. No change has 

been made to the AD in this regard. 

Request To Include On-Condition Costs 

Boeing stated that we should include 

the costs of inspecting the fuel feed tube 

and the alternating current motor driven 

hydraulic pump wire bundle, repairs, 

replacing the fuel tube, and changing 

the routing of the wire bundle to above 

the support bracket. 

We agree with the request to include 

the costs of these actions specified 

above. We have added an ‘‘On-condition 

costs’’ table to reflect these costs. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously— 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not significantly increase 

the economic burden on any operator or 

increase the scope of the AD. 

Costs of Compliance 

We estimate that this AD affects 15 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per 

product 

Number of U.S.- 

registered airplanes Fleet cost 

Inspection of wire routing ..................................... 1 $85 $0 $85 15 $1,275 

Concurrent Inspection and Bracket Installation ... 9 $85 $0 $765 15 $11,475 

We estimate the following costs to do 

any necessary inspections or repairs that 

would be required based on the results 

of the required inspection. We have no 

way of determining the number of 

aircraft that might need these 

inspections or repairs: 

ON-CONDITION COSTS

Action Work hours Average labor 

rate per hour Parts Cost per product 

Inspection of wire bundle and fuel feed tube .................................................. 3 $85 $0 $255 

Repair of wire bundle, repair or replacement of fuel feed tube, and wire 

bundle routing change ................................................................................. 7 $85 $26 $621 

The cost estimate figures discussed 

above are based on assumptions that no 

operator has yet accomplished any of 

the actions required by this AD, and that 

no operator would accomplish those 

actions in the future if this AD were not 

adopted. However, we have been 

advised that the concurrent inspection 

and bracket installation have already 

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Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations 41675 

been done on some affected airplanes. 

Therefore, the future economic cost 

impact of this rule on U.S. operators is 

expected to be less than the cost impact 

figure indicated above. 

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 

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) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, 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. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2011–14–11 The Boeing Company: 

Amendment 39–16746; Docket No. 

FAA–2010–1159; Directorate Identifier 

2010–NM–006–AD. 

Effective Date 

(a) This AD is effective August 19, 2011. 

Affected ADs 

(b) AD 92–27–13, Amendment 39–8448, 

affects this AD. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 747–400 and –400D series 

airplanes, certificated in any category; as 

specified in Boeing Service Bulletin 747– 

29A2114, Revision 1, dated July 15, 2010. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 29: Hydraulic power. 

Unsafe Condition 

(e) This AD was prompted by a report of 

a fuel leak from the main fuel feed tube at 

the number two engine pylon. The Federal 

Aviation Administration is issuing this AD to 

detect and correct chafing of the main fuel 

feed tube and the alternating current motordriven hydraulic pump wire bundle, which 

could lead to arcing from the exposed wire 

to the fuel feed tube, and could result in a 

fire or explosion. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection 

(g) Within 24 months after the effective 

date of this AD, do a general visual 

inspection to determine the routing of the 

wire bundles in the number two and number 

three engine pylons near the leading edge, 

and do all applicable related investigative 

and corrective actions, in accordance with 

the Accomplishment Instructions of Boeing 

Service Bulletin 747–29A2114, Revision 1, 

dated July 15, 2010. Do all applicable related 

investigative and corrective actions before 

further flight. 

Concurrent Requirements 

(h) For Model 747–400 series airplanes: 

Before or concurrently with accomplishing 

the requirements of paragraph (g) of this AD, 

install all applicable cable support brackets 

in the number two and number three engine 

pylon areas, and do all applicable related 

investigative and corrective actions, in 

accordance with Phase II of Boeing Service 

Bulletin 747–24A2168, Revision 3, dated July 

29, 1993. Do all applicable related 

investigative and corrective actions before 

further flight. Doing the actions required by 

paragraph (c) of AD 92–27–13, Amendment 

39–8448, is an acceptable method of 

compliance for the installation required by 

this paragraph. 

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’ 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(i) Actions accomplished before the 

effective date of this AD, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 747–29A2114, dated 

October 1, 2009, are considered acceptable 

for compliance with the corresponding 

actions specified in paragraph (g) of this AD. 

(j) Actions accomplished before the 

effective date of this AD, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 747–24A2168, 

Revision 1, dated December 5, 1991; or 

Revision 2, dated September 24, 1992; are 

considered acceptable for compliance with 

the corresponding actions specified in 

paragraph (h) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the ACO, send it to ATTN: Tung Tran, 

Aerospace Engineer, Propulsion Branch, 

ANM–140S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356, telephone: 

425–917–6505; fax: 425–917–6590. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. The AMOC 

approval letter must specifically reference 

this AD. 

Related Information 

(l) For more information about this AD, 

contact Tung Tran, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356, telephone: 425–917–6505; fax: 425– 

917–6590; e-mail: tung.tran@faa.gov. 

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41676 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations 

1Public Law 111–203, 124 Stat. 1376. 

2Public Law 111–203, § 742(c)(2) (to be codified 

at 7 U.S.C. 2(c)(2)(E)). 

3 7 U.S.C. 2(c)(2)(E)(i), as amended by § 742(c) of 

the Dodd-Frank Act, defines a ‘‘Federal regulatory 

agency’’ to mean the Commodity Futures Trading 

Commission (‘‘CFTC’’), the Securities and Exchange 

Commission, an appropriate Federal banking 

agency, the National Credit Union Association, and 

the Farm Credit Administration. 

4 7 U.S.C. 2(c)(2)(B)(i)(II). 

5 ‘‘Eligible contract participant’’ (‘‘ECP’’) is 

defined in CEA section 1a(18), as re-designated and 

amended by section 721 of the Dodd-Frank Act. See 

Public Law 111–203, § 721 (amending CEA section 

1a). The CEA’s definition of ECP generally is 

comprised of regulated persons; entities that meet 

a specified total asset test (e.g., a corporation, 

partnership, proprietorship, organization, trust, or 

other entity with total assets exceeding $10 million) 

or an alternative monetary test coupled with a nonmonetary component (e.g., an entity with a net 

worth in excess of $1 million and engaging in 

business-related hedging; or certain employee 

benefit plans, the investment decisions of which are 

made by one of four enumerated types of regulated 

Material Incorporated by Reference 

(m) You must use Boeing Service Bulletin 

747–29A2114, Revision 1, dated July 15, 

2010; and Boeing Service Bulletin 747– 

24A2168, Revision 3, dated July 29, 1993; as 

applicable; to do the actions required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on July 1, 

2011. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–17401 Filed 7–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 240 

[Release No. 34–64874; File No. S7–30–11] 

RIN 3235–AL19 

Retail Foreign Exchange Transactions 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Interim final temporary rule; 

request for comments. 

SUMMARY: Under section 742(c) of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (‘‘Dodd-Frank 

Act’’), certain foreign exchange 

transactions with persons who are not 

‘‘eligible contract participants’’ 

(commonly referred to as ‘‘retail forex 

transactions,’’ and as further defined 

below) with a registered broker or dealer 

(‘‘broker-dealer’’) will be prohibited as 

of July 16, 2011, in the absence of the 

Commission adopting a rule to allow 

such transactions under terms and 

conditions prescribed by the 

Commission. The Commission is 

adopting interim final temporary Rule 

15b12–1T to allow a registered brokerdealer to engage in a retail forex 

business until July 16, 2012, provided 

that the broker-dealer complies with the 

Securities Exchange Act of 1934 

(‘‘Exchange Act’’), the rules and 

regulations thereunder, and the rules of 

the self-regulatory organization(s) of 

which the broker-dealer is a member 

(‘‘SRO rules’’), insofar as they are 

applicable to retail forex transactions. 

DATES: Effective Date: Rule 15b12–1T is 

effective on July 15, 2011 and will 

remain in effect until July 16, 2012. 

Comment Date: Comments on the 

interim final temporary rule should be 

received on or before September 13, 

2011. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/interim-final-temp.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number S7–30–11 on the subject line; 

or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. 

All submissions should refer to File 

Number S7–30–11. This file number 

should be included on the subject line 

if e-mail is used. To help the 

Commission to process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on its Web site: 

(http://www.sec.gov/rules/interim-finaltemp.shtml). Comments are also 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549 on official 

business days between the hours of 10 

a.m. and 3 p.m. 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. 

FOR FURTHER INFORMATION CONTACT: Jo 

Anne Swindler, Assistant Director; 

Richard Vorosmarti, Special Counsel; or 

Angie Le, Special Counsel, at (202) 551– 

5777, Division of Trading and Markets, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. 

SUPPLEMENTARY INFORMATION: The 

Commission is adopting new Rule 

15b12–1T under the Exchange Act as an 

interim final temporary rule. The rule 

will expire and no longer be effective on 

July 16, 2012. The Commission is 

soliciting comments on all aspects of 

this interim final temporary rule. The 

Commission will carefully consider any 

comments received and intends to take 

further action if it determines that 

further action is necessary or 

appropriate, either prior to or following 

the expiration of the rule. In making this 

determination, the Commission may 

consider a number of alternative 

approaches with respect to retail forex 

transactions, including proposing new 

rules for public comment; issuing a final 

rule amending the interim final 

temporary rule; issuing a final rule 

adopting the interim final temporary 

rule as final; or allowing the interim 

final temporary rule to expire without 

further action, which would allow the 

statutory prohibition to take effect. 

I. Background 

On July 21, 2010, President Obama 

signed into law the Dodd-Frank Act.1 As 

amended by the Dodd-Frank Act,2 the 

Commodity Exchange Act (‘‘CEA’’) 

provides that a person for which there 

is a Federal regulatory agency,3

including a broker-dealer registered 

under section 15(b) (except pursuant to 

paragraph (11) thereof) or 15C of the 

Exchange Act,4 shall not enter into, or 

offer to enter into, a transaction 

described in section 2(c)(2)(B)(i)(I) of the 

CEA with a person who is not an 

‘‘eligible contract participant’’ 5 except 

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